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

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

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

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

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

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

ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – European order for payment procedure – Regulation (EC) No 1896/2006 – Articles 17 and 20 – Obligations of a court seised in order to designate the court with territorial jurisdiction to hear contentious proceedings … Continue reading Flight Refund v Deutsche Lufthansa AG: ECJ 10 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 – Article 1 – Scope – Complaint seeking to join a civil action to proceedings – Article 27 – Lis pendens – Proceedings brought before a court of another … Continue reading Aannemingsbedrijf Aertssen And Aertssen Terrassements v VSB Machineverhuur BV: ECJ 22 Oct 2015

Judgment – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Anti-suit injunction ‘of an arbitral tribunal, established in another Member State’ – Prohibition of litigation before a court of another Member State – arrangement, to restrict the applicant’s claims in court proceedings – jurisdiction of … Continue reading Trijber (Judgment): ECJ 1 Oct 2015

Judgment – 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 – Article 5(1) – Jurisdiction in matters relating to a contract – Article 5(3) – Jurisdiction in matters relating to tort or delict – Articles … Continue reading Holterman Ferho Exploitatie And Others v Friedrich Leopold Freiherr Spies von Bullesheim: ECJ 10 Sep 2015

ECJ Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 22(1) – Exclusive jurisdiction – Disputes in proceedings which have as their object rights in rem in immovable property – Nature of the right of pre-emption – Article 27(1) – Lis pendens – Concept of proceedings involving the same cause of action … Continue reading Weber v Weber: ECJ 3 Apr 2014

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

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

ECJ Judgment Of The Court – Request for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 27(2) – Lis pendens – Article 24 – Prorogation of jurisdiction – Establishment of jurisdiction of the court first seised by reason of appearance being entered without objection by the parties … Continue reading Cartier Parfums-Lunettes And Axa Corporate Solutions Assurance v Ziegler France Sa: ECJ 27 Feb 2014

Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 2 – Article 5(1)(a) and (b) – Special jurisdiction in matters relating to contract – Concepts of ‘sale of goods’ and ‘supply of services’ – Agreement for the distribution of goods A. Tizzano, P C-9/12, [2013] EUECJ C-9/12, [2013] WLR (D) 513 … Continue reading Corman-Collins v La Maison du Whisky SA: ECJ 19 Dec 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

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

ECJ Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Court with jurisdiction – Special jurisdiction in ‘matters relating to contract’ and ‘matters relating to tort, delict and quasi-delict C-147/12, [2013] EUECJ C-147/12 Bailii European Updated: 17 November 2021; Ref: scu.513415

ECJ Regulation (EC) No 1896/2006 – European order for payment procedure – Articles 6 and 17 – Opposition to the European order for payment without any challenge to the jurisdiction of the court of the Member State of origin – Regulation (EC) No 44/2001 – Jurisdiction and recognition and enforcement of judgments in civil and … Continue reading Goldbet Sportwetten Gmbh v Massimo Sperindeo: ECJ 13 Jun 2013