Abstract

This work analyzes the doctrine and jurisprudence of article 5.3 of Regulation 44/2001 Brussels I about jurisdiction, recognition and compliance in civil and commercial matters. The analysis addresses the case of the civil victim whose damage is associated with environmental damage. The main problem for the civil victim in environmental damage consists the costs of international litigation. This problem happens in the traditional interpretation of article 5.3 of the Brussels I Regulation, even when benefit is in favor of defendant. The civilian victim of environmental damage is usually considered an indirect victim. This work discuss the classical interpretation scheme, using principles and arguments of International Public Community Law and International Human Rights. Finally, the jurisprudence of the Court of Justice of the European Union allows us to open a new interpretation.