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
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
The parties had each begun proceedings in different jurisdictions within the European Union. They disputed which court was first seised. Held: The issue was decided by looking at when, in each case, the document instituting the proceedings was first lodged at court. Different jurisdictions within the Union had different procedures, but article 30 of the … Continue reading Benatti v WPP Holdings Italy Srl and others: CA 28 Mar 2007
The court considered whether it had jurisdiction in a dispute regarding a default credit swap agreement. Judges: Pill, Etherton, Aikens LJJ Citations: [2010] EWCA Civ 390, [2010] CP Rep 32, [2010] 1 CLC 628, [2010] ILPr 28 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – JP Morgan Chase Bank NA and Another v … Continue reading Berliner Verkehrsbetriebe (BVG) Anstalt Des Offentlichen Rechts v JP Morgan Chase Bank N.A. and Another: CA 28 Apr 2010
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
One container loaded with cigarettes was allegedly hi-jacked in Belgium en route between Switzerland and The Netherlands in September 2011, while another allegedly lost 756 of its original 1386 cartons while parked overnight contrary to express instructions near Copenhagen en route between Hungary and Vallensbaek, Denmark. The consignors claimed against English main contractors who undertook … Continue reading British American Tobacco Denmark A/S v Kazemier Bv: SC 28 Oct 2015
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
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
Article 28: ‘requires an assessment of the degree of connection, and then a value judgment as to the expediency of hearing the two actions together (assuming they could be so heard) in order to avoid the risk of inconsistent judgments. It does not say that any possibility of inconsistent judgments means that they are inevitably … Continue reading Research In Motion UK Ltd v Visto Corporation: CA 6 Mar 2008
(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
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
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
The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners later began proceedings in Greece claiming what the defendants said were the same … Continue reading Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012
Citations: [2012] EWCA Civ 1467 Links: Bailii Statutes: Council Regulation (EC) No 1346/2000, Council Regulation (EC) No 44/2001 Jurisdiction: England and Wales Insolvency, European Updated: 06 November 2022; Ref: scu.465830
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) 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
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
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
Application for stay under the 1996 Act or alternatively under the Regulation. Judges: Gloster DBE J Citations: [2010] EWHC 2567 (Comm), [2011] ILPr 13, [2011] 1 Lloyds Rep 252 Links: Bailii Statutes: Council Regulation (EC) 44/2001, namely the Jurisdiction and Judgments Regulation 2, Arbitration Act 1996 9 Jurisdiction: England and Wales European, Arbitration Updated: 12 … Continue reading Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato Kft: ComC 15 Oct 2010
The claimants, though of British Nationality invested in the defendant Luxembourg company. They were habitually resident in Spain. The defendant challenged their right to sue for damages in the UK. Judges: Lord Neuberger MR, Rix, Etherton LJJ Citations: [2012] EWCA Civ 88 Links: Bailii Statutes: Judgments Regulation (EC No 44/2001) Jurisdiction: England and Wales Jurisdiction … Continue reading Sherdley and Another v Nordea Life and Pension Sa (Societe Anonyme): CA 16 Feb 2012
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
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
The clamants brought actions for damages for torts said to have been committed by the defendants in Russia. They said that the defendant was domiciled within the jurisdiction under the EU Regulation. Held: Domicile for the issue of jurisdiction is now governed by the 1982 Act. It would not be realistic to describe the defendant … Continue reading High Tech International Ag and others v Deripaska: QBD 20 Dec 2006
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
The defendants had sought a stay of the proceedings in England pending resolution of related proceedings already commenced in Italy. Judges: Gloster J Citations: [2011] EWHC 30 (Comm) Links: Bailii Statutes: Council Regulation 44/2001 27 28 Jurisdiction: England and Wales Jurisdiction Updated: 31 August 2022; Ref: scu.428083
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
The parties requested that a question be referred to the ECJ namely: ‘Are proceedings, in which a public authority alleges that an interest rate swap contract into which it has entered with a financial institution is invalid on grounds that it has exercised powers available to it (under its national administrative law as a public … Continue reading DEPFA Bank Plc v Provincia Di Pisa: ComC 23 Mar 2012
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
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
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
The parties disputed matters within a company in India. The defendant appealed against an order under which the court had accepted jurisdiction. Held: The appeal succeeded. The opening words of article 22 giving jurisdiction ‘regardless of domicile’ were not intended to apply to the courts of a member state, such as Denmark, which was not … Continue reading Choudhary and Others v Bhatter and Others: CA 11 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
Application for security for costs in respect of an appeal Judges: Longmore LJ Citations: [2009] EWCA Civ 510 Links: Bailii Statutes: Council Regulation 44/2001/EC (OJ January 16, 2001 L12/1) 22 Jurisdiction: England and Wales Cited by: Cited – Choudhary and Others v Bhatter and Others CA 11-Nov-2009 The parties disputed matters within a company in … Continue reading Choudhary and Others v Bhatter and Others: CA 29 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
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
The claimants, insurers, relied upon an exclusive jurisdiction clause contained in a binder given to a Greek broker. It set England and Wales for any dispute. The insurers had terminated the binder alleging fraudulent conduct by the broker. A declaration and damages were sought, but proceedings had not served when the broker sued the insurers … Continue reading Underwriting Members of Lloyd’s Syndicate 980 and others v Sinco Sa: ComC 29 Jul 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
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
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
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
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here. Held: The fact that the defendants were all defendants in the earlier proeedings was what mattered. That these were new proceedings did not … Continue reading Masri v Consolidated Contractors International (UK) Ltd: CA 24 Oct 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
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
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
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
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
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
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
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
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
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
Application by the Defendant for an order pursuant to Article 22(2) of the Council Regulation No.44/2001 on Jurisdiction that this court has no jurisdiction. The proceedings before this court are said to be ‘proceedings which have as their object . . the validity of the decisions’ of the organs of a legal person, the Defendant, … Continue reading JP Morgan Chase Bank NA and Another v Berliner Verkehrsbetriebe (BVG) and Another: ComC 9 Jul 2009
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 – 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
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
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
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
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
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
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
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
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
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 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
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
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
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
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
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
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
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
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
The defendant H appealed against a refusal of a stay of the action under the 1996 Act on the basis of Brussels I. Held: The appeal failed. Article 22 was to be narrowly construed, and it should be no wider than is needed to satisfy the objective of the provisions. However, the costs order had … Continue reading Magiera v Magiera: CA 15 Dec 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
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
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
(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
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
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
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
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
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 Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Articles 1(2) and 49 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Matters excluded – Family law – Regulation (EC) No 2201/2003 – Article 47(1) – Jurisdiction and the recognition … Continue reading Bohez v Wiertz: ECJ 9 Sep 2015
ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Recognition and enforcement of judgments – Grounds for refusing enforcement – Infringement of public policy in the State in which recognition is sought – Judgment given by a court in another Member State contrary to … Continue reading Diageo Brands BV v Simiramida-04 EOOD: ECJ 16 Jul 2015
Reference for a preliminary ruling – Regulation (EC) No 44/2001 -Article 5(3) – Special jurisdiction in matters relating to tort, delict or quasi-delict – Copyright – Dematerialised content – Placing online – Determination of the place of the event giving rise to the damage – Criteria [2015] EUECJ C-441/13, [2015] WLR(D) 23, [2015] Bus LR … Continue reading Hejduk v EnergieAgentur.NRW GmbH: ECJ 22 Jan 2015
The court had no jurisdiction in a claim by the three claimants against their mother, the first defendant, arising out of a trust created by their father. The family was Spanish and the trust was expressed to be governed by English law. The defendants said that the income subject to the claim was subject to … Continue reading Gomez and others v Encarnacion Gomez-Monche Vives and others: ChD 18 Feb 2008
ECJ Advocate General’s Opinion – Area of Freedom, Security and Justice – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5, paragraph 3 – Jurisdiction ‘delict or quasi-delict’ – Historic Copyright – Criteria for determining the place where the damage occurred – posted on the Internet Content Damage ‘relocated’ ‘ … Continue reading Hejduk v EnergieAgentur.NRW GmbH: ECJ 11 Sep 2014
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
The parties disputed whether the claimant had a ‘good arguable case’ that the defendant had its central administration in England so as to give the court jurisdiction. Lord Dyson MR, Aikens LJ, Janet Smith D [2014] EWCA Civ 1130, [2014] WLR(D) 370 Bailii, WLRD Brussels 1 Regulation (Regulation EC 44/2001 60 England and Wales Jurisdiction … Continue reading Young v Anglo American South Africa Ltd and Others: CA 31 Jul 2014
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 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
ECJ Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Articles 27, 33 and 71 – Lis pendens – Recognition and enforcement of judgments – Convention on the Contract for the International Carriage of Goods by Road (CMR) – Article 31(2) – Rules for coexistence – Action for indemnity – Action … Continue reading Nipponkoa Insurance Co (Europe) Ltd v Inter-Zuid Transport BV: ECJ 19 Dec 2013
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
‘ (1) whether the English court has jurisdiction pursuant to Article 6(1) of EC Council Regulation 44/2001 to determine claims made by the victims of illegal cartel arrangements found by the European Commission to have been made by the Defendants and (2) whether, if so, the proceedings should be stayed pursuant to Article 28 of … Continue reading Cooper Tire and Rubber Company Europe Ltd and Others v Dow Deutschland Inc and Others: CA 23 Jul 2010
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
