Search Results for: Regulation (EC) No 44/2001

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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

Trijber (Judgment): ECJ 1 Oct 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

Holterman Ferho Exploitatie And Others v Friedrich Leopold Freiherr Spies von Bullesheim: ECJ 10 Sep 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

Bohez v Wiertz: ECJ 9 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

Diageo Brands BV v Simiramida-04 EOOD: ECJ 16 Jul 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

Gazprom v Lietuvos Respublika: ECJ 13 May 2015

ECJ Judgment – Grand Chamber – Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Scope – Arbitration – Not included – Recognition and enforcement of foreign arbitral awards – Order issued by an arbitral tribunal having its seat in … Continue reading Gazprom v Lietuvos Respublika: ECJ 13 May 2015

Hejduk v EnergieAgentur.NRW GmbH: ECJ 22 Jan 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

Hejduk v EnergieAgentur.NRW GmbH: ECJ 11 Sep 2014

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

Cartier Parfums-Lunettes And Axa Corporate Solutions Assurance v Ziegler France Sa: ECJ 27 Feb 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

Nipponkoa Insurance Co (Europe) Ltd v Inter-Zuid Transport BV: ECJ 19 Dec 2013

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

Corman-Collins v La Maison du Whisky SA: 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

Goldbet Sportwetten Gmbh v Massimo Sperindeo: ECJ 13 Jun 2013

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

Apostolides v Orams and Others: CA 19 Jan 2010

The claimant had obtained an order in the Nicosia in the Republic of Cyprus and sought to enforce it in the UK court. The High court declined, and it was referred to the ECJ which in turn found that it could be registered. The defendant now challenged that decision saying that the court’s presiding judge … Continue reading Apostolides v Orams and Others: CA 19 Jan 2010

British American Tobacco Denmark A/S v Kazemier Bv: SC 28 Oct 2015

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

Hobohm v Benedikt Kampik Ltd and Co KG and Others: ECJ 23 Dec 2015

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Jurisdiction in respect of consumer contracts – Articles 15(1)(c) and 16(1) – Meaning of a commercial or professional activity ‘directed to’ the Member State of the consumer’s domicile – Transaction-management contract designed to achieve … Continue reading Hobohm v Benedikt Kampik Ltd and Co KG and Others: ECJ 23 Dec 2015

Gomez and others v Vives: CA 3 Oct 2008

The claimant appealed a finding that the court did not have jurisdiction over income payable to a trust governed by English law under which the claimant was beneficiary. Held: The appeal failed in part. Because Article 5 is in derogation from the basic principle of domicile in Article 2, the provisions of Article 5 are … Continue reading Gomez and others v Vives: CA 3 Oct 2008

Profit Investment Sim v Ossi: ECJ 20 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Regulation (EC) No 44/2001 – Area of Freedom, Security and Justice – Concept of ‘irreconcilable judgments’ – Actions having different subject-matters brought against several defendants domiciled in various Member States – Conditions for the prorogation of jurisdiction – Jurisdiction clause – Concept of ‘matters relating to a … Continue reading Profit Investment Sim v Ossi: ECJ 20 Apr 2016

Hi Hotel Hcf SARL v Uwe Spoering: ECJ 3 Apr 2014

hihotel_ECJ0414 ECJ Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – International jurisdiction in matters relating to tort, delict or quasi-delict – Act committed in one Member State consisting in participation in an act of tort or delict committed in another Member State – Determination of the place where the harmful event occurred … Continue reading Hi Hotel Hcf SARL v Uwe Spoering: ECJ 3 Apr 2014

Nickel and Goeldner Spedition GmbH v “Kintra” UAB: ECJ 4 Sep 2014

niclel_kintraECJ1409 ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Article 3(1) – Concept of an ‘action related to insolvency proceedings and closely connected with those proceedings’ – Regulation (EC) No 44/2001 – Article 1(2)(b) – Concept of ‘bankruptcy’ – Action for payment of a … Continue reading Nickel and Goeldner Spedition GmbH v “Kintra” UAB: ECJ 4 Sep 2014

Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte GmbH v Amazon EU Sarl: ECJ 21 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Regulation (EC) No 44/2001- Jurisdiction in civil and commercial matters – Article 5(3) – Concept of ‘tort, delict or quasi-delict’ – Directive 2001/29/EC – Harmonisation of certain aspects of copyright and related rights in the information society – Article 5(2)(b) – Reproduction right – Exceptions and limitations … Continue reading Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte GmbH v Amazon EU Sarl: ECJ 21 Apr 2016

Wintersteiger v Products 4U Sondermaschinenbau GmbH: ECJ 19 Apr 2012

ECJ 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’ – Determination of the place where the harmful event occurred or may occur – Website of a referencing service provider operating under a country-specific top-level domain of a … Continue reading Wintersteiger v Products 4U Sondermaschinenbau GmbH: ECJ 19 Apr 2012

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 was as to the same cause between the same parties, and … Continue reading Wright v Granath: QBD 16 Jan 2020

NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

As Flylal-Lithuanian Airlines v VAS ‘Starptautiska lidosta ‘Riga” and AS ‘Air Baltic Corporation’: ECJ 3 Jul 2014

References: C-302/13, [2014] EUECJ C-302/13_O, ECLI: EU: C: 2014:2046, [2014] EUECJ C-302/13 Links: Bailii, Bailii Coram: Mme Juliane Kokott AG 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 Statutes: … Continue reading As Flylal-Lithuanian Airlines v VAS ‘Starptautiska lidosta ‘Riga” and AS ‘Air Baltic Corporation’: ECJ 3 Jul 2014

Nickel and Goeldner Spedition GmbH v ‘Kintra’ UAB: ECJ 4 Sep 2014

References: C-157/13, [2014] EUECJ C-157/13 Links: Bailii Coram: A. Tizzano, P ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Article 3(1) – Concept of an ‘action related to insolvency proceedings and closely connected with those proceedings’ – Regulation (EC) No 44/2001 – Article 1(2)(b) … Continue reading Nickel and Goeldner Spedition GmbH v ‘Kintra’ UAB: ECJ 4 Sep 2014

Windhorst v Levy: QBD 6 May 2021

Questions as to the court’s approach to the registration in this jurisdiction of a judgment of a German court under Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. In particular, the court is asked to consider whether that registration should be set aside when the … Continue reading Windhorst v Levy: QBD 6 May 2021

Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato Kft: ComC 15 Oct 2010

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

High Tech International Ag and others v Deripaska: QBD 20 Dec 2006

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

DEPFA Bank Plc v Provincia Di Pisa: ComC 23 Mar 2012

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

Underwriting Members of Lloyd’s Syndicate 980 and others v Sinco Sa: ComC 29 Jul 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

Benatti v WPP Holdings Italy Srl and others: CA 28 Mar 2007

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

Masri v Consolidated Contractors International (UK) Ltd: CA 24 Oct 2005

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

Coty Germany (Anciennement Coty Prestige Lancaster Group): ECJ 5 Jun 2014

ECJ (Judgment Of The Court) Judicial cooperation in civil matters – Regulations (EC) No 40/94 and No 44/2001 – Community trade mark – Article 93(5) of Regulation (EC) No 40/94 – International jurisdiction relating to infringement – Determination of the place where the harmful event occurred – Cross-border participation by several persons in a single … Continue reading Coty Germany (Anciennement Coty Prestige Lancaster Group): ECJ 5 Jun 2014

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

Gomez and others v Encarnacion Gomez-Monche Vives and others: ChD 18 Feb 2008

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

Owusu v Jackson: ECJ 1 Mar 2005

ECJ Brussels Convention – Territorial scope of the Brussels Convention – Article 2 – Jurisdiction – Accident which occurred in a non – Contracting State – Personal injury – Action brought in a Contracting State against a person domiciled in that State and other defendants domiciled in a non – Contracting State – Forum non … Continue reading Owusu v Jackson: ECJ 1 Mar 2005

Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd and Others: ChD 24 Jul 2009

The parties disputed ownership of shares in the football club Dynamo Kiev. Claims were to be made under Ukrainian company law and in equity. The claimant (a company registered in Mauritius) sought to proceed here. The defendants (largely companies registered in the UK) said that the Ukraine was the proper jurisdiction. Held: The court declined … Continue reading Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd and Others: ChD 24 Jul 2009

National Navigation Co v Endesa Generacion Sa (The Wadi Sudr): CA 17 Dec 2009

The court was asked whether a judgment of a fellow member state of the European Union ruling against a stay of proceedings on the basis that an arbitration clause was not incorporated in the contract can be relied on as creating an issue estoppel so as to prevent the English court deciding the point differently. … Continue reading National Navigation Co v Endesa Generacion Sa (The Wadi Sudr): CA 17 Dec 2009

Youell and others v La Reunion Aerienne and others: CA 11 Mar 2009

The parties disputed whether the court had jurisdiction. The defendant insurer argued that parallel issues had been referred to arbitration in France. Held: the claim was outside the range of the arbitration agreement, and a stay, which would have been the appropriate remedy was not granted. Lord Justice Rix, Lord Justice Jacob and Lord Justice … Continue reading Youell and others v La Reunion Aerienne and others: CA 11 Mar 2009