Seminal Judgments (les Grands Arrêts) in the Case Law of the European Court of Justice

Abstract

Introduction 1. 12 Different Phases of the Legal Evolution 2. 14 The Brussels Convention (1973–1980) 2.1. 14 Cross-border Proceedings in the Internal Market (1980–1998) 2.2. 14 Judicial Co-operation under the Treaty of Amsterdam (1999–2009) 2.3. 15 Consolidation and Challenges under the Lisbon Treaty (2009 until today) 2.4. 16 The Systemic Interpretation of the Brussels Regime by the Court of Justice 3. 17 Autonomous Interpretation 3.1. 17 Jurisdiction: Access to Justice and Legal Certainty 3.2. 19 Protection of the Rights of Defence 3.3. 22 Free Movement of Judgments 3.4. 23 The Wider Context 4. 25 Mutual Trust – a Transversal Principle of the Area of Freedom, Security and Justice 4.1. 25 The Growing Role of the Charter of Fundamental Rights 4.2. 29 The Interplay of the Instruments on Civil Co-operation 4.3. 32 EU Procedural Law and National Procedures 4.4. 35 Assessment: European Procedural Law as Interpreted by the ECJ 5. 37 Interaction between Rules and Principles 5.1. 38 Comparative Law in the Brussels Regime 5.2. 40 Complementary Roles of the Court and the EU Lawmaker 5.3. 43 Conclusion 6. 45