Performance of Characteristic Obligation in Multiple Places under Brussels I Recast Article 7(1)(b): Legal Certainty and Predictability over “a Close Connection”

This article offers a critique of the teleological interpretation provision Art. 7(1)(b) Brussels I Regulation Recast, adopted by Court Justice European Union, in relation to cases where there are several places performance. First, nature jurisdiction rules civil law is discussed and main purpose special identified. In this context, it emphasized that legal certainty predictability objectives rules, while proximity an instrument achieve these objectives. Secondly, “principal place performance” approach Union regarding 7(1)(b), performance, discussed. It demonstrated Union’s quest for “closest link” not accordance with spirit Recast. Aside from difficulty determining principal performance; search closest link being basis determination performance criticized. Additionally, remarkable as how close application “forum (non) conveniens” common law. As result, proposed abandon located Member States; argued necessary recognize courts competent.