Search Results for: Regulation (EC) No 44/2001

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Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006

(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction. Held: The English court had jurisdiction by virtue of the clear agreement of the parties. That parts of the agreement … Continue reading Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006

Euroeco Fuels (Poland) Ltd and Others v Szczecin and Swinoujscie Seaports Authority Sa and Others: CA 11 Nov 2019

Appeal from order declining jurisdiction.Lewison LJ pointed out: ‘So far as the question of irreconcilable judgments is concerned, I wish to reserve my opinion for a case in which it matters. I simply make the following observations. Judgment in The Tatry was given on 6 December 1994. Shevill was argued before the Grand Chamber on … Continue reading Euroeco Fuels (Poland) Ltd and Others v Szczecin and Swinoujscie Seaports Authority Sa and Others: CA 11 Nov 2019

In re The Alexandros T: SC 6 Nov 2013

The parties had disputed insurance claims after the foundering of the Alexandros T. After allegations of misbehaviour by the underwriters, the parties had settled the claims in a Tomlin Order. Five years later, however, the shipowners began proceedings in Greece making substantially similar allegations and claims, but under the equivalent in Greek law. In response … Continue reading In re The Alexandros T: SC 6 Nov 2013

Folien Fischer AG and another v Ritrama SpA: ECJ 25 Oct 2012

ECJ Area of freedom, security and justice – Jurisdiction in civil and commercial matters – Special jurisdiction in tort, delict or quasi-delict – Action for a negative declaration (‘negative Feststellungsklage’) – Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected before the courts with jurisdiction … Continue reading Folien Fischer AG and another v Ritrama SpA: ECJ 25 Oct 2012

Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011

The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship. Held: The object of section 844 of the German regulations was to restore the claimant to the financial position … Continue reading Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011

Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany. Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex’s claim for … Continue reading Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

SK Slavia Praha-Fotbal As v Debt Collect London Ltd and Another: CA 4 Nov 2010

SSPF disputed the court’s jurisdiction to hear the claimant’s case for a debt said to be due, appealing against a finding that the court in Prague was not first seised of the dispute. Judges: Mummery, Lloyd, Stanley Burnton LJJ Citations: [2010] EWCA Civ 1250, [2011] Bus LR 412, [2011] CP Rep 10, [2011] 1 All … Continue reading SK Slavia Praha-Fotbal As v Debt Collect London Ltd and Another: CA 4 Nov 2010

Debt Collection London Ltd and Another v SK Slavia Praha-Fotbal AS: QBD 3 Nov 2009

The claimants sought repayment of sums said to have been advanced to the defendant as loans. The defendant requested a declaration that the court had no jurisdiction, the Czech court being first seized of a dispute between the parties. Judges: Tugendhat J Citations: [2009] EWHC 2726 (QB), [2010] 1 All ER (Comm) 902, [2009] 2 … Continue reading Debt Collection London Ltd and Another v SK Slavia Praha-Fotbal AS: QBD 3 Nov 2009

Byers and Others (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation and Another: ChD 1 Feb 2010

The claimants asked the court to exercise jurisdiction over a yacht purchased by the defendant company incorporated and domiciled in France with money from the insolvent company. Held: The court did not have jurisdiction. Article 2 of the regulation applied so as to require the matter to go before the courts in France. The exception … Continue reading Byers and Others (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation and Another: ChD 1 Feb 2010

Maher and Another v Groupama Grand Est: CA 12 Nov 2009

Two English claimants respectively suffered injury in a French road accident. They brought claims for damages against the French insurer of the other driver. Judgment on liability was entered by consent. There were issues as to the assessment of damages and the award of interest. Held: ‘The existence of a right to recover interest as … Continue reading Maher and Another v Groupama Grand Est: CA 12 Nov 2009

Orams and Another v Apostolides: QBD 6 Sep 2006

The court was asked whether an English court can recognise and enforce an order of the court of the Turkish Republic of Northern Cyprus. Held: Judgements of the courts of the Turkish Republic of Northern Cyprus were not enforceable in England. The Republic was not recognised either by the UK or by any other country … Continue reading Orams and Another v Apostolides: QBD 6 Sep 2006

Banco Nacional De Comercio Exterior Snc v Empresa De Telecommunicaciones De Cuba Sa and Another: CA 4 Jul 2007

Whether the High Court had jurisdiction to grant a worldwide freezing order following registration of a judgment under Council Regulation (EC) 44/2001 (the Regulation) in this case and whether the order should have contained the usual undertaking that ‘if the court later finds that this order has caused [anyone other than the respondent] loss, and … Continue reading Banco Nacional De Comercio Exterior Snc v Empresa De Telecommunicaciones De Cuba Sa and Another: CA 4 Jul 2007

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (“The Front Comor”): ComC 21 Mar 2005

Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. Judges: Mr Justice Colman Citations: [2005] EWHC 454 (Comm) Links: Bailii Statutes: EC Regulation 44/2001, Administration … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (“The Front Comor”): ComC 21 Mar 2005

Mapfre Mutualidad Compania De Seguros Y Reaseguros Sa and Another v Keefe: CA 17 Jun 2015

Injury suffered whilst on holiday in Tenerife Judges: Moore-Bick, Black, Gloster LJJ Citations: [2015] EWCA Civ 598, [2015] 2 CLC 15, [2016] Lloyd’s Rep IR 94, [2015] WLR(D) 265, [2016] 1 WLR 905, [2015] CP Rep 39 Links: Bailii, WLRD Statutes: Council Regulation (EC) No 44/2001 11(2) Jurisdiction: England and Wales Jurisdiction, Personal Injury, European … Continue reading Mapfre Mutualidad Compania De Seguros Y Reaseguros Sa and Another v Keefe: CA 17 Jun 2015

Comite D’Entreprise De Nortel Networks And Others v Cosme Rogeau: ECJ 11 Jun 2015

ECJ Judgment – Reference for a preliminary ruling – Regulation (EC) No 1346/2000 – Articles 2(g), 3(2) and 27 – Regulation (EC) No 44/2001 – Judicial cooperation in civil matters – Main insolvency proceedings – Secondary insolvency proceedings – Conflict of jurisdiction – Exclusive or concurrent jurisdiction – Determination of the applicable law – Determination … Continue reading Comite D’Entreprise De Nortel Networks And Others v Cosme Rogeau: ECJ 11 Jun 2015

Seven Licensing Company Sarl and Another v Ffg-Platinum Sa and Others: ComC 16 Nov 2011

Reasons for order refusing the Defendants’ application for a stay of these proceedings pursuant to Article 28 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Judges: Gloster J Citations: [2011] EWHC 2967 (Comm) Links: Bailii Jurisdiction: England and Wales Jurisdiction Updated: 05 May … Continue reading Seven Licensing Company Sarl and Another v Ffg-Platinum Sa and Others: ComC 16 Nov 2011

Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie: QBD 17 Mar 2003

The applicant was a Part 20 defendant in a cross action brought between two other parties. It sought to have its own claim against the original claimant heard as a counterclaim. Held: Article 6 should not be construed so widely as to allow a cross claim by someone other than the original defendant to the … Continue reading Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie: QBD 17 Mar 2003

Akcil and Others v Koza Ltd and Another: SC 29 Jul 2019

The first claimant was an English company all of whose shares were owned by a Turkish company. The second claimant as director caused changes to the company’s constitution and share structure. The parties disputed the jurisdiction of the UK Courts to hear the claim. Held: Lord Sales said: ‘I would allow the appeals by Koza … Continue reading Akcil and Others v Koza Ltd and Another: SC 29 Jul 2019

Hassett v South Eastern Health Board, Doherty v North Western Health Board, (Judgments Convention / Enforcement of Judgments): ECJ 2 Oct 2008

Europa Jurisdiction Regulation (EC) No 44/2001 Point 2 of Article 22 Disputes as to the validity of decisions of organs of companies Exclusive jurisdiction of the courts of the State where the company has its seat Medical practitioners’ mutual defence organisation.In proceedings in Ireland relating to a medical negligence claim against the Health Board, two … Continue reading Hassett v South Eastern Health Board, Doherty v North Western Health Board, (Judgments Convention / Enforcement of Judgments): ECJ 2 Oct 2008

Flightright GmbH v Air Nostrum,Lineas Aereas del Mediterraneo SA: ECJ 7 Mar 2018

ECJ Jurisdiction In Civil and Commercial Matters – Judgment – Reference for a preliminary ruling – Area of Freedom, Security and Justice – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5(1) – Regulation (EU) No 1215/2012 – Article 7(1) – Concept of ‘matters relating to a contract’ – Contract … Continue reading Flightright GmbH v Air Nostrum,Lineas Aereas del Mediterraneo SA: ECJ 7 Mar 2018

Salzgitter Mannesmann Handel Gmbh v SC Laminorul SA: ECJ 26 Sep 2013

Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 34(3) and (4) – Recognition of a judgment given in another Member State – Situation whereby that judgment is irreconcilable with an earlier judgment given in that Member State involving the same cause of action and … Continue reading Salzgitter Mannesmann Handel Gmbh v SC Laminorul SA: ECJ 26 Sep 2013

Nintendo v BigBen Interactive GmbH and Another: ECJ 27 Sep 2017

(Judgment) Reference for a preliminary ruling – Intellectual property – Regulation (EC) No 6/2002 – Article 20 (1) (c), Article 79 (1) and Articles 82, 83, 88 and 89 – Action for infringement – rights conferred by the Community design – Concept of ‘illustration’ – Regulation (EC) No 44/2001 – Article 6 (1) – Jurisdiction … Continue reading Nintendo v BigBen Interactive GmbH and Another: ECJ 27 Sep 2017

Cartel Damage Claims (CDC) Hydrogen Peroxide SA v Akzo Nobel NV: ECJ 21 May 2015

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Special jurisdiction – Article 6(1) – Action, brought against several defendants domiciled in various Member States and which have participated in a cartel found to be … Continue reading Cartel Damage Claims (CDC) Hydrogen Peroxide SA v Akzo Nobel NV: ECJ 21 May 2015

Melzer v MF Global UK: ECJ 29 Nov 2012

ECJ Jurisdiction in civil and commercial matters – Interpretation of Article 5(3) of Regulation (EC) No 44/2001 – Special jurisdiction in tort or delict – Cross-border participation of several people in the same allegedly harmful act – Possible option of establishing the jurisdiction of a court of a Member State with regard to a defendant … Continue reading Melzer v MF Global UK: ECJ 29 Nov 2012

Folien Fischer Ag and Another v Ritrama Spa: ECJ 19 Apr 2012

ECJ (Opinion) Jurisdiction in civil and commercial matters – Interpretation of Article 5(3) of Regulation (EC) No 44/2001 – Special grounds of jurisdiction – Matters relating to tort, delict or quasi-delict – Meaning – Action for a negative declaration (negative Feststellungsklage) – Right of a potential injuring party to sue the party potentially injured in … Continue reading Folien Fischer Ag and Another v Ritrama Spa: ECJ 19 Apr 2012

Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019

The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. Held: The appeals failed save that the UK was not the proper jurisdiction to bring the case. The claim … Continue reading Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019

Lebek v Janusz Domino: ECJ 7 Jul 2016

ECJ (Judgment) Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 34(2) – Defendant not entering an appearance – Recognition and enforcement of judgments – Grounds for refusing enforcement – Document instituting proceedings not served on the defendant in sufficient time – Concept of ‘proceedings to challenge a judgment’ – Application for … Continue reading Lebek v Janusz Domino: ECJ 7 Jul 2016

Cyprus Popular Bank Public Co Ltd v Vgenopoulos and Others: QBD 22 Jun 2016

The court was asked: ‘first, whether, in the case of a worldwide freezing order obtained in a foreign jurisdiction, the effect of obtaining an order under Article 38 of the Judgments Regulation (Council Regulation (EC) No. 44/2001 of 22 December 2000) (the ‘Judgments Regulation’) permitting the registration of the worldwide freezing order as a judgment … Continue reading Cyprus Popular Bank Public Co Ltd v Vgenopoulos and Others: QBD 22 Jun 2016

Winkler and Another v Shamoon and Others: ChD 15 Feb 2016

The claimants sought a declaration as against the residuary beneficiaries (wife and daughter) under the will, saying that the claimants had a beneficial interest in company shares within the estate. The defendants fild acknowledgments of service but asserting expressly that they did not submit to the jurisdiction of the court. The claimants said that the … Continue reading Winkler and Another v Shamoon and Others: ChD 15 Feb 2016

Scottish and Newcastle International Limited v Othon Ghalanos Ltd: HL 20 Feb 2008

The defendant challenged a decision that the English court had jurisdiction to hear a claim in contract saying that the appropriate court was in Cyprus. The cargo was taken by ship from Liverpool to Limassol. An English court would only have jurisdiction of the cargo was ‘delivered’ in England. Held: The cargo was delivered on … Continue reading Scottish and Newcastle International Limited v Othon Ghalanos Ltd: HL 20 Feb 2008

OTP Bank Nyilvanosan MUKODO Reszvenytarsasag v Hochtief Solutions AG: ECJ 17 Oct 2013

ECJ Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Special jurisdiction – Article 5, paragraph 1 a) – Concept of ‘contractual matters G. Arestis P C-519/12, [2013] EUECJ C-519/12 Bailii European, Jurisdiction Updated: 03 December 2021; Ref: scu.526063

Hypotecni banka, as v Lindner: ECJ 17 Nov 2011

ECJ Jurisdiction and the enforcement of judgments in civil and commercial matters – Mortgage loan contract concluded by a consumer who is a national of one Member State with a bank established in another Member State – Legislation of a Member State making it possible, in the case where the exact domicile of the consumer … Continue reading Hypotecni banka, as v Lindner: ECJ 17 Nov 2011

Brogsitter v Fabrication de Montres Normandes EURL: ECJ 13 Mar 2014

ECJ Area of freedom, security and justice – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Special jurisdiction – Article 5(1) and (3) – Civil liability claim – Tortious or contractual nature J.L. da Cruz Vilaca, P C-548/12, [2014] EUECJ C-548/12 Bailii Regulation (EC) No 44/2001 European Updated: 01 December 2021; … Continue reading Brogsitter v Fabrication de Montres Normandes EURL: ECJ 13 Mar 2014

Armin Maletic v Lastminute.Com Gmbh: ECJ 14 Nov 2013

ECJ Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001- Article 16(1) – Contract for travel concluded between a consumer domiciled in one Member State and a travel agency established in another Member State – Supplier of services used by the travel agency established in the Member State where the consumer is domiciled … Continue reading Armin Maletic v Lastminute.Com Gmbh: ECJ 14 Nov 2013

Lokman Emrek v Vlado Sabranovic: ECJ 17 Oct 2013

ECJ Regulation (EC) No 44/2001 – Article 15(1)(c) – Jurisdiction over consumer contracts – Whether jurisdiction limited to distance contracts – Causal link between the commercial or professional activity directed to the Member State of the consumer’s domicile via an Internet site and the conclusion of the contract C-218/12, [2013] EUECJ C-218/12 Bailii Regulation (EC) … Continue reading Lokman Emrek v Vlado Sabranovic: ECJ 17 Oct 2013

Siegfried Janos Schneider: ECJ 3 Oct 2013

schneiderECH1013 ECJ Jurisdiction and recognition and enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Scope – Legal capacity of natural persons – Exclusive jurisdiction in matters relating to rights in rem in immovable property – Scope – Non-contentious proceedings concerning the right of a person who has been placed … Continue reading Siegfried Janos Schneider: ECJ 3 Oct 2013

Oak Leaf Conservatories Ltd v Weir and Another: TCC 24 Oct 2013

The claimant conservatory installers claimed wrongful repudiation of the contract by the defendant householders. The defendants, living in Ayrshire, said that the English courts had no jurisdiction over the contract. Held: The court gave its reasons for accepting the defendants’ submission. The mere fact that Oak Leaf’s primary focus in advertising is on England did … Continue reading Oak Leaf Conservatories Ltd v Weir and Another: TCC 24 Oct 2013

Land Berlin v Sapir And Others: ECJ 28 Nov 2012

lb_sapirECJ2012 ECJ Regulation (EC) No 44/2001 – Article 1(1) – Article 6(1) – Notion of ‘civil and commercial matter’ – Amount unduly paid by a public authority – Claim for repayment of the amount paid in judicial proceedings – Jurisdiction based on a factual connection – Closely connected claims – Defendant domiciled in a third … Continue reading Land Berlin v Sapir And Others: ECJ 28 Nov 2012

Leventis and Vafias v Malcon Navigation Co Ltd and another: ECJ 28 Jun 2017

Third Party not bound by jurisdiction clause ECJ (Judicial Cooperation In Civil Matters Area of Freedom, Security and Justice : Judgment) Language of the case: Greek. for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001- Article 23 … Continue reading Leventis and Vafias v Malcon Navigation Co Ltd and another: ECJ 28 Jun 2017

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (‘The Front Comor’): ComC 21 Mar 2005

References: [2005] EWHC 454 (Comm) Links: Bailii Coram: Mr Justice Colman Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. Statutes: EC Regulation 44/2001, Administration … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (‘The Front Comor’): ComC 21 Mar 2005

Hanssen Beleggingen (Judicial Cooperation In Civil and Commercial Matters – Jurisdiction of The Courts : Judgment): ECJ 5 Oct 2017

Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Jurisdiction – Article 2(1) – Jurisdiction of the courts of the place where the defendant is domiciled – Article 22(4) – Exclusive jurisdiction in proceedings concerned with the registration or validity of intellectual property rights – … Continue reading Hanssen Beleggingen (Judicial Cooperation In Civil and Commercial Matters – Jurisdiction of The Courts : Judgment): ECJ 5 Oct 2017

Wall v Mutuelle De Poitiers Assurances: QBD 25 Jan 2013

Judges: Tugendhat J Citations: [2013] EWHC 53 (QB) Links: Bailii Statutes: Council Regulation (EC) No 44/2001 Citing: Cited – FBTO Schadeverzekeringen v Jack Odenbreit ECJ 13-Dec-2007 ECJ Regulation (EC) No 44/2001 – Jurisdiction in matters relating to insurance – Liability insurance – Action brought by the injured party directly against the insurer – Rule of … Continue reading Wall v Mutuelle De Poitiers Assurances: QBD 25 Jan 2013

TNT Express Nederland v AXA Versicherung AG: ECJ 4 May 2010

ECJ Opinion – Judicial cooperation in civil and commercial matters Jurisdiction and recognition and enforcement of judgments Regulation (EC) No 44/2001 Article 71 Conventions concluded by the Member States in relation to particular matters Convention on the Contract for the International Carriage of Goods by Road (CMR) Judges: V. Skouris, P Citations: [2010] EUECJ C-533/08 … Continue reading TNT Express Nederland v AXA Versicherung AG: ECJ 4 May 2010

Personal Exchange International (Judgment): ECJ 10 Dec 2020

Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 15, paragraph 1 – Jurisdiction over contracts concluded by consumers – Concept of ‘consumer’ – Contract for poker games concluded online between a natural person and an organizer of games of chance – Natural person earning his … Continue reading Personal Exchange International (Judgment): ECJ 10 Dec 2020

Krones Ag v Samskip Gmbh: ECJ 6 Sep 2012

ECJ Judicial co-operation in civil matters – Recognition and enforcement of judgments – Regulation (EC) No 44/2001 – Concept of ‘judgment’ – Judgment of a court of a Member State declining jurisdiction – Judgment based on a finding as to the validity and scope of a term conferring jurisdiction on the Icelandic courts – Effect … Continue reading Krones Ag v Samskip Gmbh: ECJ 6 Sep 2012

Trade Agency Ltd v Seramico Investments Ltd: ECJ 6 Sep 2012

ECJ Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Enforcement – Grounds for challenge – Document instituting proceedings not served on the defendant – Review by the court in which enforcement is sought – Scope – Value of the information in the certificate – Infringement of public policy – Judgment lacking reasoning … Continue reading Trade Agency Ltd v Seramico Investments Ltd: ECJ 6 Sep 2012

Mahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters): ECJ 24 May 2012

Judicial cooperation in civil matters – Jurisdiction – State immunity from jurisdiction – Jurisdiction over individual contracts of employment – Dispute concerning the validity of the dismissal of the applicant who had been employed as a driver in a Member State by the embassy of a non-member country – Notion of agency, branch or other … Continue reading Mahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters): ECJ 24 May 2012

Solvay (Judicial Cooperation In Civil Matters): ECJ 29 Mar 2012

ECJ (Opinion) Judicial co-operation in civil matters – Jurisdiction and the recognition and enforcement of judgments – Regulation (EC) No 44/2001 – Action for infringement of a European patent – Special and exclusive jurisdiction – Article 6(1) – More than one defendant – Article 22(4) – Validity of patent called into question – Article 31 … Continue reading Solvay (Judicial Cooperation In Civil Matters): ECJ 29 Mar 2012

eDate Advertising GmbH v X: ECJ 25 Oct 2011

ECJ (Grand Chamber) Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Directive 2000/31/EC – Publication of information on the internet – Adverse effect on personality rights – Place where the harmful event occurred or may occur … Continue reading eDate Advertising GmbH v X: ECJ 25 Oct 2011

NK (Judicial Cooperation In Civil Matters – Bankruptcy of A Bailiff – Judgment): ECJ 6 Feb 2019

Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 and Regulation (EC) No 1346/2000 – Scope of those regulations – Bankruptcy of a bailiff – Action brought by the liquidator in charge of administering and liquidating … Continue reading NK (Judicial Cooperation In Civil Matters – Bankruptcy of A Bailiff – Judgment): ECJ 6 Feb 2019

MD v CT: FD 25 Mar 2014

Mother’s appeal against orders which registered, and permitted enforcement of, a judgment made the Tribunal de Grande Instance d’Evry. Those orders for registration and enforcement were made pursuant to Article 28(2) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the … Continue reading MD v CT: FD 25 Mar 2014

Hypotecni banka, as v Lindner: ECJ 8 Sep 2011

ECJ Opinion – Regulation (EC) No 44/2001 – Appointment of a guardian for a consumer whose residence is unknown – Rules on international jurisdiction – Applicability – Article 24 of Regulation No 44/2001 – Appearance Guardian appointed without the consent or knowledge of the defendant – Article 17, paragraph 3) of Regulation No 44/2001 – … Continue reading Hypotecni banka, as v Lindner: ECJ 8 Sep 2011

Realchemie Nederland v Bayer Cropscience Ag: ECJ 5 Apr 2011

ECJ (Area Of Freedom, Security And Justice) Jurisdiction and Enforcement – Definition of ‘civil and commercial matters – Recognition and enforcement of a decision imposing a fine calendar – Directive 2004/48/EC – Intellectual property rights – the measures, procedures and remedies in case achievement of such a right – pay the costs in the proceedings … Continue reading Realchemie Nederland v Bayer Cropscience Ag: ECJ 5 Apr 2011

SOVAG – Schwarzmeer und Ostsee Versicherungs-Aktiengesellschaft v If Vahinkovakuutusyhtio Oy: ECJ 21 Jan 2016

ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001- Article 6(2) – Jurisdiction – Action on a warranty or guarantee or other third party proceedings brought by a third party against a party to judicial proceedings before the court seised of the original proceedings Judges: … Continue reading SOVAG – Schwarzmeer und Ostsee Versicherungs-Aktiengesellschaft v If Vahinkovakuutusyhtio Oy: ECJ 21 Jan 2016

Bacon v Nacional Suiza Cia Seguros Y Reseguros Sa: QBD 30 Jul 2010

The claimant was injured in a road traffic accident in Spain, and sought to claim here. Judges: Tomlinson J Citations: [2010] EWHC 2017 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – FBTO Schadeverzekeringen v Jack Odenbreit ECJ 13-Dec-2007 ECJ Regulation (EC) No 44/2001 – Jurisdiction in matters relating to insurance – Liability insurance … Continue reading Bacon v Nacional Suiza Cia Seguros Y Reseguros Sa: QBD 30 Jul 2010

TNT Express Nederland v AXA Versicherung AG: ECJ 28 Jan 2010

ECJ (Opinion) Judicial cooperation in civil Jurisdiction, recognition and enforcement of judgments – Regulation (EC) No 44/2001 Scope Conventions Member States in specific matters CMR Lis another court Judges: Kokkott AG Citations: C-533/08, [2010] EUECJ C-533/08 Links: Bailii Statutes: Regulation (EC) No 44/2001 Jurisdiction: European Cited by: Opinion – TNT Express Nederland v AXA Versicherung … Continue reading TNT Express Nederland v AXA Versicherung AG: ECJ 28 Jan 2010

Draka NK Cables Ltd, AB Sandvik International, VO Sembodja BV, Parc Healthcare International Ltd v Omnipol Ltd (Area Of Freedom, Security and Justice): ECJ 23 Apr 2009

ECJ Judicial cooperation in civil matters – Regulation (EC) No 44/2001 Article 43(1) Jurisdiction and enforcement of judgments – Notion of ‘party’. Citations: C-167/08, [2009] EUECJ C-167/08 Links: Bailii Statutes: Regulation (EC) No 44/2001 43(1) European Updated: 24 July 2022; Ref: scu.342027

Ilsinger v Martin Dreschers: ECJ 11 Sep 2008

ECJ (Area Of Freedom, Security and Justice) Regulation (EC) No 44/2001 Article 15 (1) (c) Jurisdiction over consumer contracts Promise of consumer gain Conclusion of a contract Consumer protection Continuity between the Brussels Convention and the Regulation (EC) No 44/2001 Citations: C-180/06, [2008] EUECJ C-180/06 – O Links: Bailii Jurisdiction: European Cited by: Opinion – … Continue reading Ilsinger v Martin Dreschers: ECJ 11 Sep 2008

Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (Judgments Convention/Enforcement of Judgments) (‘the Front Comor’): ECJ 4 Sep 2008

Europa (Opinion) Regulation (EC) No 44/2001 Scope Arbitration Order restraining a person from commencing or continuing proceedings before the national courts of another Member State instead of before an arbitral body (anti-suit injunction).The court discussed the principal of mutual trust: ‘Having regard to the principle of mutual trust referred to above, the court has stated … Continue reading Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (Judgments Convention/Enforcement of Judgments) (‘the Front Comor’): ECJ 4 Sep 2008

Glaxosmithkline, Laboratoires Glaxosmithkline v Jean-Pierre Rouard (Area of Freedom, Security and Justice): ECJ 22 May 2008

ECJ Regulation (EC) No 44/2001 Section 5 of Chapter II Jurisdiction over individual contracts of employment Section 2 of Chapter II Special jurisdiction Article 6, point 1 More than one defendant). Citations: C-462/06, [2008] EUECJ C-462/06 Links: Bailii Statutes: Regulation (EC) No 44/2001 European, Employment Updated: 15 July 2022; Ref: scu.268814

FBTO Schadeverzekeringen v Jack Odenbreit: ECJ 13 Dec 2007

ECJ Regulation (EC) No 44/2001 – Jurisdiction in matters relating to insurance – Liability insurance – Action brought by the injured party directly against the insurer – Rule of jurisdiction of the courts for the place where the plaintiff is domiciled.By virtue of Articles 11(2) and 9(1)(b) of Regulation EC 44/2001 (‘Regulation 44’) a person … Continue reading FBTO Schadeverzekeringen v Jack Odenbreit: ECJ 13 Dec 2007

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor): HL 21 Feb 2007

A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. Held: English authority and European thought differed, and the matter should be referred to the … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor): HL 21 Feb 2007

Edate Advertising (Area Of Freedom, Security And Justice): ECJ 29 Mar 2011

ECJ (Opinion) Area of Freedom, Security And Justice – Jurisdiction in Civil and Commercial Matters – Regulation (EC) No 44/2001 – Jurisdiction ‘in tort or quasi-delict’ – Violation of personal rights that may have been committed by means of publishing information on Internet – Article 5, Section 3 – Definition of ‘place where the harmful … Continue reading Edate Advertising (Area Of Freedom, Security And Justice): ECJ 29 Mar 2011

Meroni v Recoletos Limited: ECJ 25 May 2016

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Recognition and enforcement of provisional and protective measures – Concept of ‘public policy’ Judges: R. Silva de Lapuerta (Rapporteur), P Citations: C-559/14, [2016] EUECJ C-559/14, [2016] WLR(D) 285, ECLI:EU:C:2016:349 Links: Bailii, WLRD Statutes: Regulation (EC) No … Continue reading Meroni v Recoletos Limited: ECJ 25 May 2016

Apple Sales International and Others v MJA, as liquidator of eBizcuss.com: ECJ 5 Jul 2018

Area of Freedom, Security and Justice – Opinion Reference for a preliminary ruling – Area of ??freedom, security and justice – Jurisdiction in civil and commercial matters – Article 23 of Regulation (EC) No 44/2001 – Jurisdiction clause in a distribution agreement – Distributor action for damages founded on the infringement of Article 102 TFEU … Continue reading Apple Sales International and Others v MJA, as liquidator of eBizcuss.com: ECJ 5 Jul 2018

Petronas Lubricants Italy v Livio Guida: ECJ 21 Jun 2018

(Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Jurisdiction over individual contracts of employment – Article 20(2) – Employer sued before the courts of the Member State in which it is domiciled – Counter-claim by the employer – Determination of the court with jurisdiction Citations: … Continue reading Petronas Lubricants Italy v Livio Guida: ECJ 21 Jun 2018

Mahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters): ECJ 19 Jul 2012

Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Jurisdiction over individual contracts of employment – Contract with an embassy of a third State – Immunity of the employing State – Concept of branch, agency or other establishment within the meaning of Article 18(2) – Compatibility with Article 21 of an agreement conferring … Continue reading Mahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters): ECJ 19 Jul 2012

Antonio Gramsci Shipping And Others (Order Of The Court): ECJ 5 Jun 2014

Request for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Recognition and enforcement of provisional and protective measures – Annulment of the initial decision – Maintenance of the request for a preliminary ruling – No need to adjudicate Citations: C-350/13, [2014] EUECJ C-350/13 – CO, ECLI:EU:C:2014:1516 Links: Bailii … Continue reading Antonio Gramsci Shipping And Others (Order Of The Court): ECJ 5 Jun 2014

Berliner Verkehrsbetriebe (Area Of Freedom, Security And Justice): ECJ 12 May 2011

ECJ Jurisdiction in civil matters – Articles 22(2) and 27 of Regulation (EC) No 44/2001 – Exclusive jurisdiction of the courts of the State in which a company has its seat to adjudicate upon disputes relating to the validity of decisions of the company’s organs – Scope – Action brought by a legal person governed … Continue reading Berliner Verkehrsbetriebe (Area Of Freedom, Security And Justice): ECJ 12 May 2011

EON Czech Holding v Dedouch and Others: ECJ 7 Mar 2018

(Judgment) Reference for a preliminary ruling – Regulation (EC) No 44/2001 – Jurisdiction in civil and commercial matters – Exclusive jurisdiction – Article 22(2) – Validity of decisions of the organs of companies or legal persons having their seat in the territory of a Member State – Exclusive jurisdiction of the courts of that Member … Continue reading EON Czech Holding v Dedouch and Others: ECJ 7 Mar 2018

As Flylal-Lithuanian Airlines v VAS “Starptautiska lidosta ‘Riga'” and AS “Air Baltic Corporation”: ECJ 3 Jul 2014

ECJ Opinion – Regulation (EC) No 44/2001 – Scope – Concept of civil and commercial matters – Compensation for breach of EU competition law – Recognition of provisional and protective measures – Public Order Judges: Mme Juliane Kokott AG Citations: C-302/13, [2014] EUECJ C-302/13 – O, ECLI: EU: C: 2014:2046, [2014] EUECJ C-302/13 Links: Bailii, … Continue reading As Flylal-Lithuanian Airlines v VAS “Starptautiska lidosta ‘Riga’” and AS “Air Baltic Corporation”: ECJ 3 Jul 2014

Taser International v SC Gate 4 Business SRL: ECJ 17 Mar 2016

ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Contracts imposing an obligation on a Romanian undertaking to assign trade marks to an undertaking with its seat in a third country – Refusal – Clause conferring jurisdiction on … Continue reading Taser International v SC Gate 4 Business SRL: ECJ 17 Mar 2016

Falco Privatstiftung And Rabitsch v Weller-Lindhorst: ECJ 23 Apr 2009

Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Regulation (EC) No 44/2001 Special jurisdiction Article 5(1)(a) and the second indent of Article 5(1)(b) The concept ‘provision of services’ Contract assigning intellectual property rights Citations: [2009] EUECJ C-533/07 – O, C-533/07, [2009] ECR I-3327, [2009] ECDR 14, ECLI:EU:C:2009:257, [2010] Bus LR … Continue reading Falco Privatstiftung And Rabitsch v Weller-Lindhorst: ECJ 23 Apr 2009

Granarolo SpA v Ambrosi Emmi France SA: ECJ 14 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001- Article 5(1) and (3) – Court having jurisdiction – Concepts of ‘matters relating to a contract’ and ‘matters relating to tort or delict’ – Abrupt termination of a long-standing business relationship – Action for damages … Continue reading Granarolo SpA v Ambrosi Emmi France SA: ECJ 14 Jul 2016

Kainz v Pantherwerke AG: ECJ 16 Jan 2014

ECJ Request for a preliminary ruling – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Liability for a defective product – Product manufactured in one Member State and sold in another Member State – Interpretation of the concept of ‘the place where the harmful event occurred or may occur’ – Place … Continue reading Kainz v Pantherwerke AG: ECJ 16 Jan 2014

Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022

Arbitration jurisdiction applications stayed The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was now asked to decide was whether the English court … Continue reading Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022

Ilsinger v Martin Dreschers: ECJ 14 May 2009

Jurisdiction in civil and commercial matters ‘ Regulation (EC) No 44/2001 ‘ Jurisdiction over consumer contracts ‘ Entitlement of a consumer to whom misleading advertising has been sent to seek payment, in judicial proceedings, of the prize which he has apparently won ‘ Classification ‘ Action of a contractual nature covered by Article 15(1)(c) of … Continue reading Ilsinger v Martin Dreschers: ECJ 14 May 2009

Edate Advertising v X, Martinez v MGN Ltd: ECJ 25 Oct 2011

Grand Chamber – Area Of Freedom, Security And Justice) – Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Directive 2000/31/EC – Publication of information on the internet – Adverse effect on personality rights – Place where … Continue reading Edate Advertising v X, Martinez v MGN Ltd: ECJ 25 Oct 2011

Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (‘the Front Comor’): ECJ 10 Feb 2009

ECJ (Judgment) A West Tankers ship damaged a jetty in Syracuse. An agreement provided for an arbitration in London. The insurers having paid out brought a subrogated action in Italy. West Tankers sought an order in England to restrain the Italian proceedings because of the arbitration agreement. Held: It was not open to the courts … Continue reading Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (‘the Front Comor’): ECJ 10 Feb 2009

Peter Pammer v Reederei Karl Schluter GmbH and Co KG etc: ECJ 7 Dec 2010

ECJ (Grand Chamber) Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 15(1)(c) and (3) – Jurisdiction over consumer contracts – Contract for a voyage by freighter – Concept of ‘package travel’ – Contract for a hotel stay – Presentation of the voyage and the hotel on a website – Concept … Continue reading Peter Pammer v Reederei Karl Schluter GmbH and Co KG etc: ECJ 7 Dec 2010

Zuid-Chemie v Philippo’s Mineralenfabriek NV/SA (Area Of Freedom, Security and Justice): ECJ 16 Jul 2009

Europa Judicial cooperation in civil and commercial matters – Jurisdiction and enforcement of judgments Regulation (EC) No 44/2001 Definition of the ‘place where the harmful event occurred’. Judges: P Jann, P Citations: C-189/08, [2009] EUECJ C-189/08, ECLI:EU:C:2009:475, [2009] ECR I-6917, [2010] 2 All ER (Comm) 265 Links: Bailii Jurisdiction: European Cited by: Cited – AMT … Continue reading Zuid-Chemie v Philippo’s Mineralenfabriek NV/SA (Area Of Freedom, Security and Justice): ECJ 16 Jul 2009

Revenue and Customs v Sunico ApS and Others: ECJ 11 Apr 2013

ECJ (Opinion) Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Article 6 of the Agreement – Capacity of Danish courts to make references to the Court – Regulation (EC) No 44/2001 – Article 1(1) – Concept of civil … Continue reading Revenue and Customs v Sunico ApS and Others: ECJ 11 Apr 2013

AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

Universal Music International Holding BV v Schilling and others: ECJ 16 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Special jurisdiction – Article 5(3) – Tort, delict or quasi-delict – Harmful event – Lawyer’s negligence in drafting the contract – Place where the harmful event occurred Citations: C-12/15, [2016] EUECJ C-12/15, ECLI:EU:C:2016:449 Links: Bailii Statutes: … Continue reading Universal Music International Holding BV v Schilling and others: ECJ 16 Jun 2016

Peter Pinckney v KDG Mediatech Ag: ECJ 3 Oct 2013

ECJ Regulation (EC) No 44/2001 – Jurisdiction – Matters relating to tort, delict and quasi-delict – Copyright – Material support reproducing a protected work – Placing on line – Determination of the place where the harmful event occurred Citations: C-170/12, [2013] EUECJ C-170/12, [2013] WLR(D) 367 Links: Bailii, WLRD Jurisdiction: European Cited by: Cited – … Continue reading Peter Pinckney v KDG Mediatech Ag: ECJ 3 Oct 2013

AMT Futures Ltd v Marzillier, Dr Meier and Dr Guntner Rechtsanwaltsgesellschaft Mbh: ComC 11 Apr 2014

Application by the Defendant for a declaration that the court did not have jurisdiction over it in respect of the subject matter of the claim and for an order setting aside service of the Claim Form. Held: The English courts had jurisdiction. The exclusive jurisdiction clause was a benefit derived from the contract, and its … Continue reading AMT Futures Ltd v Marzillier, Dr Meier and Dr Guntner Rechtsanwaltsgesellschaft Mbh: ComC 11 Apr 2014

Wintersteiger v Products 4U Sondermaschinenbau GmbH: ECJ 16 Feb 2012

Judicial co-operation in civil matters – Jurisdiction – Regulation (EC) No 44/2001- Infringement of a trade mark as a result of the registration by a competitor of a sign identical to the trade mark with an internet search services provider – Registration of an AdWord – National protection of the trade mark in a Member … Continue reading Wintersteiger v Products 4U Sondermaschinenbau GmbH: ECJ 16 Feb 2012

Edate Advertising v X: ECJ 29 Mar 2011

ECJ Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Jurisdiction ‘in tort or quasi-delict’ – Violation of personal rights that may have been committed by the publication of information on the Internet – Article 5, Section 3 – Definition of ‘place where the harmful event occurred or may occur’ – Applicability … Continue reading Edate Advertising v X: ECJ 29 Mar 2011

Melzer v MF Global UK: ECJ 16 May 2013

Judicial cooperation in civil matters – Special jurisdiction in matters of tort, delict and quasi-delict – Cross-border participation by several persons in the same unlawful act – Possibility of establishing territorial jurisdiction according to the place where the act was committed by one of the perpetrators of the damage other than the defendant (‘wechselseitige Handlungsortzurechnung … Continue reading Melzer v MF Global UK: ECJ 16 May 2013

Concurrence SARL v Samsung Electronics France SAS, Amazon Services Europe Sarl: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Jurisdiction – Matters relating to delict or quasi-delict – Selective distribution network – Resale outside a network on the Internet – Action for cessation of the wrongful act – Related Link C-618/15, [2016] EUECJ C-618/15 … Continue reading Concurrence SARL v Samsung Electronics France SAS, Amazon Services Europe Sarl: ECJ 21 Dec 2016

JEB Recoveries Llp v Binstock: CA 19 Oct 2016

Appeal by the defendant, Mr Binstock, against the order of His Honour Judge Barker QC, sitting as a judge of the High Court, made on 8 May 2015, declaring that the court had jurisdiction to hear what has been described as the third claim of the claimant, JEB Recoveries LLP (‘JEB’), and dismissing an application … Continue reading JEB Recoveries Llp v Binstock: CA 19 Oct 2016