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 the courts for the place where the harmful event occurred or may occur in order to obtain a declaration as to the non-existence of liability in tort.
Judges:
Askinen AG
Citations:
C-133/11, [2012] EUECJ C-133/11, [2013] ILPr 1, [2013] QB 523, [2014] 1 All ER (Comm) 569, [2013] 2 WLR 373, ECLI:EU:C:2012:664, [2012] WLR(D) 292, [2013] CEC 727
Links:
Statutes:
Regulation (EC) No 44/2001 5(3)
Jurisdiction:
European
Cited by:
Opinion – Folien Fischer AG and another v Ritrama SpA ECJ 25-Oct-2012
ECJ Area of freedom, security and justice – Jurisdiction in civil and commercial matters – Special jurisdiction in tort, delict or quasi-delict – Action for a negative declaration (‘negative Feststellungsklage’) . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 03 February 2022; Ref: scu.460413