Summary

A number of regulations are applicable in the European Union, which, along with the Code of Civil Procedure and various international agreements, govern the examination as to international jurisdiction in Estonian courts. An analysis of judgements shows that the relationship of the European Union regulations with national provisions and international agreements is not unambiguous for Estonian judges. This is most likely caused by the novelty of the regulations governing examination as to international jurisdiction, the clumsy Estonian translation of international agreements and European Union regulations as well as the fact that the provisions of these legislative acts often allow for different interpretation.

This article gives an overview of the area of application of the legislation governing examination as to international jurisdiction applicable in Estonia and its hierarchy. The article helps answer the question if a certain dispute can be taken to court in Estonia at all and on what conditions (according to the complainant) an incorrectly identified international jurisdiction can be appealed in a higher court.