Acceso usuarios
Beatriz L. Carrillo Carrillo
This work deals with the problems that arise out of the determination of the place where the illicit fact occurs. The European court of Justice has rendered some different decisions about the problem. In ECJ judgment July 10th 2004, the ECJ has supported. The so called "ubiquity principle", that is well-known to the doctrine and practice in Europe. The plaintiff should be entitled to choose the specific place between the country where the action was originated and the place where the damages occurred. This interpretation does not enhance forum actoris at all. And., at the end of the day and even if it may sound quite dissapointing, in this case the EJC decided that the case was not "international" in the sense that all the elements derived from the controversy were located in the same country
