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      Nexus of the Location of Performance of an Obligation as the Basis of Jurisdiction in the Brussels I bis Regulation in Cases Versus Air Carriers

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      LeXonomica
      University of Maribor

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          Abstract

          As it is correctly emphasized by the European Union (EU) legislator, actions in the field of air transport should aim, among other things, at ensuring a high level of protection for passengers. The paper attempts to discuss the nexus of the location of performance of an obligation as the basis of special jurisdiction in the context of the Brussels I bis Regulation in cases versus air carriers. A passenger’s choice of special jurisdiction based on the nexus of the location of performance of an obligation in the context of Brussels I bis Regulation, applicable to cross-border matters between Member States supersedes general jurisdiction based on the place of domicile of an air carrier. The nexus of the location of performance of an obligation in cross-border disputes resulting from a contract of air transport made between a passenger and an air carrier as a rule enables the passenger to bring an action in a court based in the location of arrival or departure of the flight.

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          Author and article information

          Contributors
          (View ORCID Profile)
          Journal
          LeXonomica
          lexonomica
          University of Maribor
          1855-7155
          1855-7147
          June 30 2021
          June 30 2021
          : 13
          : 1
          : 49-68
          Article
          10.18690/lexonomica.13.1.49-68.2021
          35c347f1-ec18-42d2-9420-47e1f07b6b7d
          © 2021

          https://creativecommons.org/licenses/by/4.0


          International economics & Trade,General law,Commercial law & legal protection,Law,Business & Corporate economics,Economics

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