Europa Where a defendant domiciled in a Contracting State is sued in a court of another Contracting State pursuant to Article 5(1) of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgment in civil and commercial matters, that court also has jurisdiction by virtue of Article 6(2) of the Convention to entertain an action on a warranty or guarantee brought against a person domiciled in a Contracting State other than that of the court seised of the original proceedings. To enable the entire dispute to be heard by a single court, Article 6(2) simply requires there to be a connecting factor between the main action and the action on a warranty or guarantee, irrespective of the basis on which the court has jurisdiction in the original proceedings. Article 6(2) must be interpreted as meaning that it does not require the national court to accede to the request for leave to bring an action on a warranty or guarantee and that the national court may apply the procedural rules of its national law in order to determine whether that action is admissible, provided that the effectiveness of the Convention in that regard is not impaired and, in particular, that leave to bring the action on the warranty or guarantee is not refused on the ground that the third party resides or is domiciled in a Contracting State other than that of the court seised of the original proceedings.
Citations:
C-365/88
Cited by:
Cited – Turner v Grovit and others HL 13-Dec-2001
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English . .
Lists of cited by and citing cases may be incomplete.
European, Jurisdiction
Updated: 11 April 2022; Ref: scu.134997
