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
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.
Contents »
Pietro Ortolani, Marije Louisse
From: The EU Crowdfunding Regulation
Edited By: Pietro Ortolani, Marije Louisse
Index »
Edited By: Pietro Ortolani, Marije Louisse
From: The EU Crowdfunding Regulation
Edited By: Pietro Ortolani, Marije Louisse
Part I Sketching a Legal Taxonomy of Crowdfunding, 1 Introduction: Keep Calm and Continue Crowdfunding »
Pietro Ortolani, Marije Louisse
From: The EU Crowdfunding Regulation
Edited By: Pietro Ortolani, Marije Louisse
This introductory chapter provides an overview of the EU Crowdfunding Regulation. Over the past ten years, technology has reshaped economic relationships on a global scale. One of the most notable developments in this respect is the rise of crowdfunding, which increasingly allows a wide range of ventures to receive funding through a variety of internet-based financing channels, rather than through the traditional vehicles of corporate finance. With the adoption of Regulation 2020/1503 (Crowdfunding Regulation), the EU aims at levelling the playing field for crowdfunding services, providing legal certainty and facilitating access to capital for companies (especially in the start-up phase). The chapter then distinguishes among different varieties of crowdfunding, looking at the different purposes that crowdfunding can serve.
List of Abbreviations and Terms »
Pietro Ortolani, Marije Louisse
From: The EU Crowdfunding Regulation
Edited By: Pietro Ortolani, Marije Louisse
List of Contributors »
Pietro Ortolani, Marije Louisse
From: The EU Crowdfunding Regulation
Edited By: Pietro Ortolani, Marije Louisse
Part V Protecting the Crowd Under the Crowdfunding Regulation and Beyond, 14 Marketing Communications and the Digital Single Market »
Catalina Goanta, Marije Louisse, Pietro Ortolani
From: The EU Crowdfunding Regulation
Edited By: Pietro Ortolani, Marije Louisse
This chapter studies marketing communications and the Digital Single Market. The regulation of online crowdfunding advertisement is particularly challenging for two interrelated reasons. First, it plays a key role in the protection of weaker parties (such as non-professional investors), both at the national and EU level. Second, this phenomenon highlights the rising regulatory role of web platforms (such as social media networks) which enable and moderate advertisement. The chapter analyses these challenges and the relevance of Articles 27 and 28 of the Crowdfunding Regulation. Articles 27 and 28 are applicable not only to the crowdfunding service providers’ advertisement aimed at investors, but also to communications of CSPs towards project owners.
Summary Contents »
Pietro Ortolani, Marije Louisse
From: The EU Crowdfunding Regulation
Edited By: Pietro Ortolani, Marije Louisse
