Judicial Cooperation in civil matters. Jurisdiction of courts Brussels I Regulation. The „new Lugano agreement“.
Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.
Jurisdiction of courts
Brussels I Regulation
I – Scope of application
II – Jurisdiction
III – Recognition and enforcement
IV – Authentic instruments and court settlements
V – General Provisions
VI – Transitional Provisions
VII – Relations with other instruments
VIII- Final Provisions
e.g. – the regulation -----> Czech courts
Which Czech court? -------> Czech civil procedure code
„Subject to this Regulation, persons domiciled in a Member state shall, whatever their nationality,be sued in that Member state“.
Actor sequitur forum rei (The claimant follows the defendant).
Article 5 –
Article 5 para 1 – Place of performance
The person domiciled in one Member state, may be sued in another member state:
In matters relating to a contract – in the courts for the place of performance of the obligation in question. Place of performance – interpreted directly in the Regulation.
Color Drack GmbH v Lexx International Vertriebs GmbH.
The first indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as applying where there are several places of delivery within a single Member State. In such a case, the court having jurisdiction to hear all the claims based on the contract for the sale of goods is that for the principal place of delivery, which must be determined on the basis of economic criteria. In the absence of determining factors for establishing the principal place of delivery, the plaintiff may sue the defendant in the court for the place of delivery of its choice.
,,,,, the courts for the place, where the maintenance creditor is domiciled or habitually resident,,,,,,,
Example: ECJ Case C- 433/01 of 15 January
Freistaat Bayern v Jan Blijdenstein.
……….in matters relating to tort, delict or quasi delict, in the courts where the harmful event occured or may occur……
Difficult interpretation of the notion „harmful event“:
Decision Mines de Potasses d´Alsace –ECJ Case 21/76 of 30 November 1976
Is (in the general principle) not allowed in:
Insurance contracts, consumers contracts, individual contracts of employment.