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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

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

Realchemie Nederland v Bayer Cropscience Ag: ECJ 18 Oct 2011

ECJ Regulation (EC) No 44/2001 – Jurisdiction and recognition and enforcement of judgments – Definition of ‘civil and commercial matters’ – Recognition and enforcement of an order imposing a fine – Directive 2004/48/EC – Intellectual property rights – Infringement of those rights – Measures, procedures and remedies – Sentence – Exequatur procedure – Related legal … Continue reading Realchemie Nederland v Bayer Cropscience Ag: ECJ 18 Oct 2011

Gazdasagi Versenyhivatal v Siemens Aktiengesellschaft Osterreich: ECJ 28 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Scope ratione materiae – Recovery of sum not due – Unjust enrichment – Debt arising from the unjustified repayment of a fine … Continue reading Gazdasagi Versenyhivatal v Siemens Aktiengesellschaft Osterreich: ECJ 28 Jul 2016

Hoszig Kft v Alstom Power Thermal Services: ECJ 7 Jul 2016

(Judgment) Reference for a preliminary ruling – Jurisdiction clause – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Article 23 – Clause inserted in the general conditions – Consent of the parties to those conditions – Validity and precision of … Continue reading Hoszig Kft v Alstom Power Thermal Services: ECJ 7 Jul 2016

Kralova v Primera Air Scandinavia: ECJ 26 Mar 2020

(Judgment) Reference for a preliminary ruling – Area of ??freedom, security and justice – Jurisdiction and enforcement of decisions in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5, point 1 – Jurisdiction in contractual matters – Articles 15 to 17 – Jurisdiction over contracts concluded by consumers – Regulation (EC) No … Continue reading Kralova v Primera Air Scandinavia: ECJ 26 Mar 2020

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 – 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

Knight v Axa Assurances: QBD 24 Jul 2009

The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009

Komu And Others v Komu: ECJ 17 Dec 2015

ECJ Judgment – Reference for a preliminary ruling – Regulation (EC) No 44/2001 – Scope – Exclusive jurisdiction – Article 22(1) – Proceedings concerning rights in rem in immovable property – Concept – Action to terminate, by way of sale, the co-ownership in undivided shares of immovable property C-605/14, [2015] EUECJ C-605/14, ECLI:EU:C:2015:833 Bailii Regulation … Continue reading Komu And Others v Komu: ECJ 17 Dec 2015

Aannemingsbedrijf Aertssen And Aertssen Terrassements v VSB Machineverhuur BV: ECJ 22 Oct 2015

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