rutten_crossECJ1997 ECJ Convention on Jurisdiction and the Enforcement of Judgments – Special jurisdiction – Court for the place of performance of the contractual obligation – Contract of employment – Place where the employee habitually carries out his work – Meaning – Work carried out in more than one Contracting State(Brussels Convention of 27 September 1968, … Continue reading Rutten v Cross Medical: ECJ 9 Jan 1997
An express contractual term will be required to displace the Convention rules on domicile. The standard wording in charterparty contracts is insufficient to do this. The word ‘adjusted’ by itself would normally be taken to refer to the process of assessment of general average contributions; more explicit wording would be needed to create a binding … Continue reading Sameon Co Sa v Nv Petrofina SA and Another (The World Hitachi Zosen): QBD 8 Apr 1996
Europa Where a defendant domiciled in a Contracting State is sued in a court of another Contracting State pursuant to Article 5(1) of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgment in civil and commercial matters, that court also has jurisdiction by virtue of Article 6(2) of the Convention … Continue reading Kongress Agentur Hagen GmbH v Zeehaghe BV: ECJ 15 May 1990
ECJ For Article 6(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters to apply, a connection must exist between the various actions brought by the same plaintiff against different defendants. That connection, whose nature must be determined independently, must be of such a kind … Continue reading Kalfelis v Bankhaus Schroder, Munchmeyer, Hengst and Co and others: ECJ 27 Sep 1988
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English Tribunal system. The defendants had begun procedures in Spain for conciliation. The claimant had obtained an injunction … Continue reading Turner v Grovit and others: HL 13 Dec 2001
Article 21 of the Convention of 28 September 1968 must be interpreted as meaning that the court ‘first seised’ is the one before which the requirements for proceedings to become definitively pending are first fulfilled, such requirements to be determined in accordance with the national law of each of the courts concerned: ‘the Court ‘first … Continue reading Siegfried Zelger v Sebastiano Salinitri: ECJ 7 Jun 1984
Where a court is seised of one case arising from a breach of contract arising within its own jurisdiction, it does not have power also to deal with a claim arising under the same contract but arising from a different breach occurring in a different . .
