Responsabilidad por inversión basada en folleto defectuosocompetencia judicial internacional. Sentencia del Tribunal de Justicia de 12 de septiembre de 2018, asunto C-304/17: Helga Löber v. Barclays Bank PLC

Resumo

Liability for investment based on a defective prospectus: international jurisdiction The purpose of this paper is to analyze briefly, in relationship of Judgement of European Court of Justice of 12 September 2018, Helga Löber v. Barclays Bank PLC, the scope of art. 5.3 Regulation EC 44/2001 (current art. 7.2 Regulation EU 1215/2012), regulating international jurisdiction in matters relating to tort, delict or quasi-delict, regarding to a case of liability for investment based on a defective prospectus; specifically, the determination of «…the place where the harmful event occurred or may occur…»: on the one hand, and although not considered by the CJEU, the place of the causal event (the event giving rise to damage); and, on the other, the place of the financial loss (place where the damage occurred), analyzing specially the connections of the domicile of the investor and her bank accounts.