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Part VI Managing, Preventing, and Resolving Crowdfunding-Related Disputes, 16 Civil and Commercial Jurisdiction in Crowdfunding-Related Litigation

Pietro Ortolani

From: The EU Crowdfunding Regulation

Edited By: Pietro Ortolani, Marije Louisse

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Subject(s):
Financial regulation — Alternative investment fund — Legal proceedings and monetary obligations

This chapter reviews the allocation of court jurisdiction in the EU, for crowdfunding-related litigation. Importantly, the Crowdfunding Regulation allows the cross-border provision of crowdfunding services, but does not include any heads of jurisdiction for civil disputes arising out of such provision of services. In the absence of any relevant rules in the new Regulation, the allocation of jurisdiction among Member State Courts is regulated by the Brussels I bis Regulation. However, the recent case-law of the CJEU casts significant doubts as to whether the Brussels regime is indeed adequate to deal with this type of cases, also in light of the multiplication of available fora it potentially entails. The chapter applies the existing rules of EU civil procedure to the phenomenon of crowdfunding, assessing which national courts may be competent to hear disputes arising out of services and investments covered by the Crowdfunding Regulation.

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