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
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
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
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
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages. Held: … Continue reading Cox v Ergo Versicherung Ag: SC 2 Apr 2014
schneiderECH1013 ECJ Jurisdiction and recognition and enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Scope – Legal capacity of natural persons – Exclusive jurisdiction in matters relating to rights in rem in immovable property – Scope – Non-contentious proceedings concerning the right of a person who has been placed … Continue reading Siegfried Janos Schneider: ECJ 3 Oct 2013
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
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
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
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
The claimant conservatory installers claimed wrongful repudiation of the contract by the defendant householders. The defendants, living in Ayrshire, said that the English courts had no jurisdiction over the contract. Held: The court gave its reasons for accepting the defendants’ submission. The mere fact that Oak Leaf’s primary focus in advertising is on England did … Continue reading Oak Leaf Conservatories Ltd v Weir and Another: TCC 24 Oct 2013
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
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
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
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
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
ECJ Opinion – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Enforcement of a judgment given in another Member State – Grounds for refusing enforcement – Previous decision from the same . .
ECJ Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments – Regulation (EC) No 44/2001 – Action for infringement of a European patent – Special and exclusive jurisdiction . .
ECJ (Opinion) Regulation No 44/2001 – Article 15, paragraph 1 (c) and 3 – Jurisdiction over consumer contracts – Management of a business to a Member State where the consumer’s home – Accessibility of website – . .
ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 22(4) – Jurisdiction in intellectual property disputes – Article 71 – Conventions . .
ECJ Regulation No 44/2001 – Article 6(1) – Jurisdiction for related actions – Directives 93/98/EEC and 2006/116/EC – Article 6 – Eligibility for protection of photos – Directive 2001/29 – Article 2 – Reproduction . .
ECJ (Opinion) Regulation (EC) no 44/2001 Article 5, point 1 Competence in contractual matters Contract having as its object the supply of services Concept of’ services ‘License contract Intellectual property . .
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
References: [2005] EWHC 454 (Comm) Links: Bailii Coram: Mr Justice Colman 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. 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
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
