engleski

Jurisdiction over actions for the recovery of cultural objects under Article 7 point 4 of Regulation (EU) 1215/2012

This paper concerned the recovery of cultural objects under Regulation (EU) 1215/2012. Given that cultural objects have a special protection, as they are part of the heritage and history of mankind, they do not theoretically belong to a State, but are goods of interest to the society as a whole. Taking the above into consideration, art. 7(4) of Regulation (EU) 1215/2012, whose intention is to protect cultural objects located in the Member States by establishing a specific forum to recover them, has a limitation that is not in line with the objectives of the special protection needed by this type of property. In fact, this provision requires both the defendant and the cultural object to be located in the Member States for the Regulation to be applicable. The proposal submitted relates to the change of this provision, modeled on other Brussels I bis Regulation protective fora, in which the defendant is not required to be domiciled in the Member States in order to be sued in the EU. This same model could be replicated for Art. 7(4) of the Regulation.

private international law, conflict of laws, EU law, international jurisdiction, cultural heritage

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