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’) – Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected before the courts with jurisdiction for the place where the act allegedly occurred or may occur, seeking a declaration that there is no liability in tort or delict
Judges:
A. Tizzano, P
Citations:
[2012] WLR (D) 292, C-133/11, [2014] 1 All ER (Comm) 569, [2013] ILPr 1, [2013] CEC 727, [2013] 2 WLR 373, ECLI:EU:C:2012:664, [2013] QB 523
Links:
Jurisdiction:
European
Citing:
Opinion – 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 – . .
Cited by:
Cited – In re The Alexandros T SC 6-Nov-2013
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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
European, Jurisdiction
Updated: 15 October 2022; Ref: scu.465404