EU Private International Law in Internet-Related Disputes: The Polish Case Law Approach

35 Pages Posted: 17 Nov 2020

See all articles by Mateusz Grochowski

Mateusz Grochowski

European University Institute; Polish Academy of Sciences - Institute of Legal Studies; Yale Law School; Max Planck Institute for Comparative and International Private Law

Katarzyna Południak-Gierz

Jagiellonian University

Date Written: October 2020

Abstract

The paper examines the way Polish courts apply EU private international law (EU PIL) rules in the disputes concerning online context. The analysis seeks, in particular, to better understand the patterns recurring in the judicial reasoning and to map the typical circumstances of internet-related disputes pled before Polish courts. The paper attempts to cluster the existing case law and to trace the use made of EU PIL and CJEU decisions by Polish judges. It also aims to identify how the courts perceive specificity of internet-related disputes from the perspective of conflict of laws and how they understand specific goals of EU PIL (especially consumer protection). The text delves also into the cases where – despite encountering transnational elements – courts did not address conflict of laws issues. It attempts to indicate the most common instances of such omission and hence, to elucidate further the possible barriers to full application of EU PIL.

Keywords: International private law, internet, consumer law, personality rights, judicial application of EU law.

Suggested Citation

Grochowski, Mateusz and Południak-Gierz, Katarzyna, EU Private International Law in Internet-Related Disputes: The Polish Case Law Approach (October 2020). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2020/69, Available at SSRN: https://ssrn.com/abstract=3731338 or http://dx.doi.org/10.2139/ssrn.3731338

Mateusz Grochowski (Contact Author)

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy

Polish Academy of Sciences - Institute of Legal Studies ( email )

Nowy Swiat 72
Warsaw, 00-330
Poland

Yale Law School ( email )

New Haven

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

Katarzyna Południak-Gierz

Jagiellonian University

Collegium Novum
ul. Gołębia 24
Kraków, 31-007
Poland

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