ALGUNOS PROBLEMAS DE APLICACIÓN DEL ART. 5.3º/7.2º RBI/RBI bis

The problems of application of the article 5.3 º/7.2º Brussels I Regulation/Recast have not been gathered by the proposals of the Commission´s Green Paper on the Review of the Brussels I Regulation, despite the number of prejudicial questions that have been presented before the ECJ. These questions reveal the relevance of this issue, particulary considering the increasing ues of the new technologies of the Information Society. The practical difficulties in the interpretation of this rule in the Information society context are not fully solved totally by the jurisprudence of the ECJ (doctrine Bier and Shevill, principally) where the strict territorial criterion " place of origin / place of result " can not be applied in automatically. Beyond the interpretive questions the doctrine established by the ECJ brought up other practical problems that they need to be solved.