Die Gerichtszuständigkeit und Kognitionsbefugnis nach Art. 7 Nr. 2 Brüssel Ia-VO im Lauterkeitsrecht

The international jurisdiction for unfair competition proceedings has not yet been clarified by the ECJ. The solution is based on the basic principles of the Brussels Ia Regulation and the specific features of the offense. First, the case law of the ECJ on comparable special offenses is discussed in detail and it is explained why it cannot apply to unfair competition law. Without differentiating whether the unfair act was committed online or offline, the market place is – rejecting the principle of ubiquity – used as the jurisdiction-relevant place of jurisdiction according to Art. 7 No. 2 Brussels Ia Regulation where the courts are given comprehensive cognizance. In addition, practical criteria are developed for this purpose.