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Gantner Electronic GmbH v Basch Exploitatie Maatschappij BV: ECJ 8 May 2003

The dutch based claimant sought damages for wrongful termination of what it said was a long-term contract. The claimant in Austria claimed the price of goods sold and delivered pursuant to a number of one-off contracts to which the defendant (claimant in Holland) responded by setting off a counterclaim for breach of the long-term contract. … Continue reading Gantner Electronic GmbH v Basch Exploitatie Maatschappij BV: ECJ 8 May 2003

Henderson v Jaouen and Another: CA 1 Feb 2002

The plaintiff had been injured in an accident and had sued and recovered damages for his injuries in France. Later, his condition deteriorated. In France he would have been able to revive his action to claim further damages, but he sought a similar right from an English Court, claiming a right to do so under … Continue reading Henderson v Jaouen and Another: CA 1 Feb 2002

Kenburn Waste Management Ltd v Bergmann: CA 30 Jan 2002

The claimant had failed to obtain an order under a compromise agreement ordering that a foreign resident was not to be contacted. Held: The place of performance of an obligation not to contact somebody under the Convention was the place of residence of the person who was not to be contacted, not that of the … Continue reading Kenburn Waste Management Ltd v Bergmann: CA 30 Jan 2002

Von Horn v Cinnamond: ECJ 26 Nov 1997

Where action started in one country before the Convention, and second in another after the Convention came into effect, the second action must be stayed. Citations: Times 26-Nov-1997, C-163/95, [1997] EUECJ C-163/95 Links: Bailii Statutes: Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 Jurisdiction: European Jurisdiction Updated: 20 … Continue reading Von Horn v Cinnamond: ECJ 26 Nov 1997

Raiffeisen Zentralbank Osterreich Aktiengesellschaft v National Bank of Greece Sa: QBD 25 Sep 1998

A term which had only been found to be implied into a contract could still prove to be central to its performance and so could be the deciding factor in a claim for jurisdiction under the Brussels Convention. Citations: Times 25-Sep-1998 Statutes: Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial … Continue reading Raiffeisen Zentralbank Osterreich Aktiengesellschaft v National Bank of Greece Sa: QBD 25 Sep 1998

Hough v P and O Containers Ltd; Blohm and Voss Holding Ag and Others Third Parties: QBD 6 Apr 1998

Where a contract contained a clear exclusive jurisdiction clause, a proposed defendant had a clear right to insist on the parties using that jurisdiction. Citations: Times 06-Apr-1998, Gazette 29-Apr-1998 Statutes: Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 Art 17 Jurisdiction: England and Wales Jurisdiction, Contract Updated: 08 … Continue reading Hough v P and O Containers Ltd; Blohm and Voss Holding Ag and Others Third Parties: QBD 6 Apr 1998

Waterford Wedgwood Plc and Another v David Vagli Ltd and Another, Haughton Third Party: ChD 13 May 1998

The sellers had supplied counterfeit Waterford crystal to a buyer in New York, arranging for the goods to be shipped from Ireland to Spain and then from Spain to Felixstowe, where they were transhipped and sent to New York. The question was whether the sellers had infringed the Waterford trade mark in the United Kingdom … Continue reading Waterford Wedgwood Plc and Another v David Vagli Ltd and Another, Haughton Third Party: ChD 13 May 1998

Drouot assurances v Consolidated metallurgical industries and others: ECJ 19 May 1998

(Judgment) Where proceedings were brought in two member states, the second proceedings should not be automatically stayed where there was a difference in the actions such as an additional cause of action in the second claim. Lis alibi pendens is not appropriate in such a case. Cases which in fact involved different parties (ship owner … Continue reading Drouot assurances v Consolidated metallurgical industries and others: ECJ 19 May 1998