The present contribution explores the attitude of uniform rules of private international law towards the achievement of the objective of health protection. As far as the rules on jurisdiction are concerned, the author – starting from an analysis of the international case-law involving health damages caused by multinational enterprises – focuses on the role that both the general forum provided by Article 4 of Regulation No 1215/2012 and the criterion of locus commissi delicti employed by Article 7(3) of the same Regulation might play for the purpose of health protection. Attention is then turned to the conflict-of-law rules and more specifically to Article 5 of Regulation No 864/2007 and to the balance which such provision would be supposed to strike, according to Recital 20 of said Regulation, among different values including protection of consumers’ health. The article finally deals with the issue of recognition/exequatur of decisions concerning health damages and in particular of judgments awarding punitive damages, by critically assessing the Italian case-law on such issue, also in the light of the recent ruling of the Plenary Session of the Court of Cassation.

Civil Liability for Health Damages and Uniform Rules of Private International Law

Paola Ivaldi
2017

Abstract

The present contribution explores the attitude of uniform rules of private international law towards the achievement of the objective of health protection. As far as the rules on jurisdiction are concerned, the author – starting from an analysis of the international case-law involving health damages caused by multinational enterprises – focuses on the role that both the general forum provided by Article 4 of Regulation No 1215/2012 and the criterion of locus commissi delicti employed by Article 7(3) of the same Regulation might play for the purpose of health protection. Attention is then turned to the conflict-of-law rules and more specifically to Article 5 of Regulation No 864/2007 and to the balance which such provision would be supposed to strike, according to Recital 20 of said Regulation, among different values including protection of consumers’ health. The article finally deals with the issue of recognition/exequatur of decisions concerning health damages and in particular of judgments awarding punitive damages, by critically assessing the Italian case-law on such issue, also in the light of the recent ruling of the Plenary Session of the Court of Cassation.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11567/887717
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