Material scope of Brussels I bis Regulation, unfair commercial practices (B2C) and injunctions to protect collective consumers interests: CJEU Judgment MOVIC BV (C-73/19)

Abstract

Movic BV case before the CJEU is a quite interesting preliminary ruling with regard to the European Private international law (EPIL) as well as to the unfair commercial practices and consu-mer law of the EU substantive law on the subject. One of the most remarkable aspects concerning the EPIL is the analysis that the CJEU made of the far from being pacific autonomous concept, –“civil and commercial matters”–, of the Brussels I bis Regulation. An autonomous concept which has generated since the origin of the Brussels I bis regulation (i.e.: 1968 Brussels Convention), a wide array of prelimi-nary rulings on its interpretation. Besides, the CJEU analysed the material scope and the active or passi-ve standing of the parties to bring cross border actions before the Courts, by means of the assessment of the legal relationship given by the subject matter of the action.

On the other hand, –as the merits of the case are related to B2C unfair commercial practices and consumer law of the EU–, the CJEU analyses whether certain remedies set out in these consumer pro-tection rules, –namely, the cease and desist orders (injunctive relief) as collective redress–, can be con-sidered  or not also within the material scope of the Brussels I bis Regulation and the interplay between all these acquis communautaire.