Collegamenti fittizi o fraudolenti di competenza giurisdizionale nello spazio giudiziario europeo

Abstract: Most EU regulations covering jurisdiction in civil matters do not contain provisions aimed at ensuring that the links that constitute the basis for jurisdiction actually exist. Nor do these regulations expressly provide for any consequence, or sanction, against the artificial creation of jurisdictional links with a State that would not be competent. This conduct – often called fraudulent forum shopping - may work to the detriment of the counterpart or, in some circumstances, (with or without the consent of the counterpart) to the detriment of third parties. This aspect was recently considered in the recasting of the regulation on insolvency proceedings in order to avoid fraudulent forum shopping to the detriment of creditors. In most cases (with some very limited exceptions) decisions given in a member State in matters falling within the scope of EU regulations will be recognized in other member States without any review of jurisdiction of the court of origin. The study aims at assessing which remedies are available, when applying EU regulations, for avoiding fraudulent forum shopping and limiting its effects, in particular on third parties.