Search Results for: Regulation (EU) No 1215/2012

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Easy Rent A Car Ltd and Another v Easygroup Ltd: CA 20 Mar 2019

Application of articles 29 and 30 of Regulation (EU) No 1215/2012 (the Judgments Regulation) to proceedings for trade mark infringement and passing off issued in England by the respondent against the appellants, a month after the appellants had commenced proceedings in Cyprus against the respondent.The defendants had brought proceedings in Cyprus seeking declarations to the … Continue reading Easy Rent A Car Ltd and Another v Easygroup Ltd: CA 20 Mar 2019

Tate v Allianz Iard Sa: QBD 27 Nov 2020

Application by the Defendant insurer to dismiss, alternatively stay, this action pursuant to the lis pendens provisions of Articles 29 or 30 of Regulation (EU) No. 1215/2012 (‘Brussels 1 recast’). Judges: Mr Justice Soole Citations: [2020] EWHC 3227 (QB) Links: Bailii Jurisdiction: England and Wales Jurisdiction Updated: 30 May 2022; Ref: scu.656449

Schmidt v Schmidt: ECJ 16 Nov 2016

Avoidance of gift of land for lack of capacity ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) No 1215/2012 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Scope – First subparagraph of Article 24(1) – Exclusive jurisdiction in … Continue reading Schmidt v Schmidt: ECJ 16 Nov 2016

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

Koza Ltd and Another v Akcil and Others: CA 18 Oct 2017

Appeal as to jurisdiction in dispute over control of English registered company based in Turkey. Judges: Floyd, Flaux LJJ Citations: [2017] EWCA Civ 1609, [2018] 1 BCLC 591 Links: Bailii Statutes: Regulation (EU) No 1215/2012 Jurisdiction: England and Wales Citing: Appeal from – Koza Ltd and Another v Akcil and Others ChD 21-Dec-2016 . . … Continue reading Koza Ltd and Another v Akcil and Others: CA 18 Oct 2017

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

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

Wikingerhof GmbH and Co KG v Booking.com BV: ECJ 24 Nov 2020

European Competition Law – Jurisdiction Choice (Grand Chamber) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction – Article 7, points 1 and 2 – Special jurisdiction in matters relating to tort, delict or quasi-delict – Action seeking an injunction against commercial practices considered to be … Continue reading Wikingerhof GmbH and Co KG v Booking.com BV: ECJ 24 Nov 2020

Generalno Konsulstvo Na Republika Bulgaria (Judicial Cooperation In Civil Matters – Determination of International Jurisdiction of The Courts of A Member State – Judgment): ECJ 3 Jun 2021

Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Determination of international jurisdiction of the courts of a Member State – Article 5(1) – Employee residing in a Member State – Contract . .

Konsumenteninformation v Volkswagen Ag (Liability – Manipulation of Emissions Values In Car Engines): ECJ 2 Apr 2020

Preliminary ruling proceedings – Regulation (EU) No 1215/2012 – Jurisdiction in matters relating to liability in tort, delict or quasi-delict – Place of the event giving rise to the harm – Manipulation of emissions values in car engines Citations: C-343/19, [2020] EUECJ C-343/19_O, [2020] EUECJ C-343/19 Links: Bailii, Bailii Jurisdiction: European Torts – Other, Consumer … Continue reading Konsumenteninformation v Volkswagen Ag (Liability – Manipulation of Emissions Values In Car Engines): ECJ 2 Apr 2020

ROI Land Investments (Judgment): ECJ 20 Oct 2022

Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 6 – Defendant not domiciled in a Member State – Article 17 – Jurisdiction in matters of contracts concluded by consumers – Concept of ‘professional activity’ – Article 21 – Jurisdiction in matters of individual employment contracts … Continue reading ROI Land Investments (Judgment): ECJ 20 Oct 2022

Supreme Site Services and Others ((Judicial Cooperation In Civil Matters – Disputes Concerning The Enforcement of Judgments – Opinion): ECJ 2 Apr 2020

Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 1(1) – Concept of ‘civil and commercial matters’ – Provisional, including protective, measures – Proceedings to lift an interim garnishee order – Action … Continue reading Supreme Site Services and Others ((Judicial Cooperation In Civil Matters – Disputes Concerning The Enforcement of Judgments – Opinion): ECJ 2 Apr 2020

Etihad Airways Pjsc v Flother: CA 18 Dec 2020

‘ important issue of principle concerning the scope and effect of Article 31(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (‘Brussels Recast’). The issue, shortly stated, is whether Article 31(2), … Continue reading Etihad Airways Pjsc v Flother: CA 18 Dec 2020

Hellenische Republik v Kuhn: ECJ 4 Jul 2018

Opinion – Reference for a preliminary ruling – Regulation (EU) No 1215/2012 – Jurisdiction in civil and commercial matters – Scope – Article 1 (1) – Concept of’ civil and commercial matters’ – Obligations issued by a Member State – Participation to the restructuring of the public debt – Unilateral and retroactive modification of the … Continue reading Hellenische Republik v Kuhn: ECJ 4 Jul 2018

Saey Home and Garden NV/SA v Lusavouga-Maquinas e Acessorios Industriais SA: ECJ 8 Mar 2018

Judicial Cooperation In Civil Matters – Verbal Agreement Without Written Confirmation – Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 25 – Existence of a jurisdiction clause – Verbal agreement without … Continue reading Saey Home and Garden NV/SA v Lusavouga-Maquinas e Acessorios Industriais SA: ECJ 8 Mar 2018

Valach and Others v Waldviertler Sparkasse Bank AG and Others: ECJ 20 Dec 2017

ECJ (area of freedom, security and justice – Judicial cooperation in civil matters area of freedom, security and justice – Judicial cooperation in civil matters) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Scope – Action for liability in tort against the members of a committee … Continue reading Valach and Others v Waldviertler Sparkasse Bank AG and Others: ECJ 20 Dec 2017

LOT Polish Airlines: ECJ 3 Feb 2022

Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(1)(b),second indent – Special jurisdiction in contractual matters – Concept of ‘place of performance of the obligation which serves as the basis for the … Continue reading LOT Polish Airlines: ECJ 3 Feb 2022

Kareda v Stefan Benko: ECJ 15 Jun 2017

ECJ (Jurisdiction In Civil and Commercial Matters : Judgment) Reference for a preliminary ruling – Jurisdiction in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(1) – Concepts of ‘matters relating to a contract’ and of a ‘contract for the provision of services’ – Recourse claim between jointly and severally liable debtors … Continue reading Kareda v Stefan Benko: ECJ 15 Jun 2017

Pula Parking doo v Sven Klaus Tederahn: ECJ 9 Mar 2017

ECJ (Area of Freedom, Security and Justice : Judicial Cooperation In Civil Matters Area of Freedom, Security and Justice : Judicial Cooperation In Civil Matters – Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Temporal and material scope- Civil and commercial matters – Enforcement proceedings … Continue reading Pula Parking doo v Sven Klaus Tederahn: ECJ 9 Mar 2017

AAS Balta v UAB Grifs AG: ECJ 27 Feb 2020

(Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 15, point 5, and Article 16, point 5 -‘ Major risks ‘insurance – Jurisdiction clause concluded between the policyholder and the insurer – Enforceability of this clause against the insured person C-803/18, [2020] EUECJ C-803/18 Bailii … Continue reading AAS Balta v UAB Grifs AG: ECJ 27 Feb 2020

Toto (Judicial Cooperation In Civil Matters – Contract for The Performance of Public Road Building Works – Opinion): ECJ 9 Sep 2021

Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and recognition of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Concept of civil and commercial matters – Provisional, including protective, measures – Contract for the performance of public road building works C-581/20, [2021] EUECJ C-581/20_O, ECLI:EU:C:2021:726 Bailii … Continue reading Toto (Judicial Cooperation In Civil Matters – Contract for The Performance of Public Road Building Works – Opinion): ECJ 9 Sep 2021

Wright v Granath: QBD 16 Jan 2020

Defamation across borders – Jurisdiction The claimant began an action for defamation in an online publication. The Norwegian resident defendant had begun an action there seeking a declaration negating liability. The Court was now asked by the defendant whether under Lugano, the UK action was as to the same cause between the same parties, and … Continue reading Wright v Granath: QBD 16 Jan 2020

Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc: ComC 3 Feb 2017

The court was asked whether so-called asymmetric jurisdiction clauses confer exclusive jurisdiction on the court or courts of a Member State within the terms of Article 31(2) of Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . Judges: Cranston J Citations: [2017] … Continue reading Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc: ComC 3 Feb 2017