ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Contracts imposing an obligation on a Romanian undertaking to assign trade marks to an undertaking with its seat in a third country – Refusal – Clause conferring jurisdiction on … Continue reading Taser International v SC Gate 4 Business SRL: ECJ 17 Mar 2016
Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Regulation (EC) No 44/2001 Special jurisdiction Article 5(1)(a) and the second indent of Article 5(1)(b) The concept ‘provision of services’ Contract assigning intellectual property rights Citations: [2009] EUECJ C-533/07 – O, C-533/07, [2009] ECR I-3327, [2009] ECDR 14, ECLI:EU:C:2009:257, [2010] Bus LR … Continue reading Falco Privatstiftung And Rabitsch v Weller-Lindhorst: ECJ 23 Apr 2009
ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001- Article 5(1) and (3) – Court having jurisdiction – Concepts of ‘matters relating to a contract’ and ‘matters relating to tort or delict’ – Abrupt termination of a long-standing business relationship – Action for damages … Continue reading Granarolo SpA v Ambrosi Emmi France SA: ECJ 14 Jul 2016
ECJ Request for a preliminary ruling – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Liability for a defective product – Product manufactured in one Member State and sold in another Member State – Interpretation of the concept of ‘the place where the harmful event occurred or may occur’ – Place … Continue reading Kainz v Pantherwerke AG: ECJ 16 Jan 2014
Arbitration jurisdiction applications stayed The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was now asked to decide was whether the English court … Continue reading Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022
Jurisdiction in civil and commercial matters ‘ Regulation (EC) No 44/2001 ‘ Jurisdiction over consumer contracts ‘ Entitlement of a consumer to whom misleading advertising has been sent to seek payment, in judicial proceedings, of the prize which he has apparently won ‘ Classification ‘ Action of a contractual nature covered by Article 15(1)(c) of … Continue reading Ilsinger v Martin Dreschers: ECJ 14 May 2009
Grand Chamber – Area Of Freedom, Security And Justice) – 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’ – Directive 2000/31/EC – Publication of information on the internet – Adverse effect on personality rights – Place where … Continue reading Edate Advertising v X, Martinez v MGN Ltd: ECJ 25 Oct 2011
Judges: Lord Justice Clarke The Lord Chief Justice Of England &Amp; Wales Lord Justice Rix Citations: [2004] EWCA Civ 1598, [2005] 1 Lloyd’s Rep 67 Links: Bailii Statutes: EC Regulation 44/2001 Jurisdiction: England and Wales Citing: Appeal from – Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd ComC 18-Dec-2003 . … Continue reading Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Association Company Ltd: CA 2 Dec 2004
Europa Judicial cooperation in civil and commercial matters – Jurisdiction and enforcement of judgments Regulation (EC) No 44/2001 Definition of the ‘place where the harmful event occurred’. Judges: P Jann, P Citations: C-189/08, [2009] EUECJ C-189/08, ECLI:EU:C:2009:475, [2009] ECR I-6917, [2010] 2 All ER (Comm) 265 Links: Bailii Jurisdiction: European Cited by: Cited – AMT … Continue reading Zuid-Chemie v Philippo’s Mineralenfabriek NV/SA (Area Of Freedom, Security and Justice): ECJ 16 Jul 2009
ECJ (Opinion) Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Article 6 of the Agreement – Capacity of Danish courts to make references to the Court – Regulation (EC) No 44/2001 – Article 1(1) – Concept of civil … Continue reading Revenue and Customs v Sunico ApS and Others: ECJ 11 Apr 2013
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 as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017
ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Special jurisdiction – Article 5(3) – Tort, delict or quasi-delict – Harmful event – Lawyer’s negligence in drafting the contract – Place where the harmful event occurred Citations: C-12/15, [2016] EUECJ C-12/15, ECLI:EU:C:2016:449 Links: Bailii Statutes: … Continue reading Universal Music International Holding BV v Schilling and others: ECJ 16 Jun 2016
ECJ Regulation (EC) No 44/2001 – Jurisdiction – Matters relating to tort, delict and quasi-delict – Copyright – Material support reproducing a protected work – Placing on line – Determination of the place where the harmful event occurred Citations: C-170/12, [2013] EUECJ C-170/12, [2013] WLR(D) 367 Links: Bailii, WLRD Jurisdiction: European Cited by: Cited – … Continue reading Peter Pinckney v KDG Mediatech Ag: ECJ 3 Oct 2013
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
Application by the Defendant for a declaration that the court did not have jurisdiction over it in respect of the subject matter of the claim and for an order setting aside service of the Claim Form. Held: The English courts had jurisdiction. The exclusive jurisdiction clause was a benefit derived from the contract, and its … Continue reading AMT Futures Ltd v Marzillier, Dr Meier and Dr Guntner Rechtsanwaltsgesellschaft Mbh: ComC 11 Apr 2014
Judicial co-operation in civil matters – Jurisdiction – Regulation (EC) No 44/2001- Infringement of a trade mark as a result of the registration by a competitor of a sign identical to the trade mark with an internet search services provider – Registration of an AdWord – National protection of the trade mark in a Member … Continue reading Wintersteiger v Products 4U Sondermaschinenbau GmbH: ECJ 16 Feb 2012
ECJ Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Jurisdiction ‘in tort or quasi-delict’ – Violation of personal rights that may have been committed by the publication of information on the Internet – Article 5, Section 3 – Definition of ‘place where the harmful event occurred or may occur’ – Applicability … Continue reading Edate Advertising v X: ECJ 29 Mar 2011
Judicial cooperation in civil matters – Special jurisdiction in matters of tort, delict and quasi-delict – Cross-border participation by several persons in the same unlawful act – Possibility of establishing territorial jurisdiction according to the place where the act was committed by one of the perpetrators of the damage other than the defendant (‘wechselseitige Handlungsortzurechnung … Continue reading Melzer v MF Global UK: ECJ 16 May 2013
ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Jurisdiction – Matters relating to delict or quasi-delict – Selective distribution network – Resale outside a network on the Internet – Action for cessation of the wrongful act – Related Link C-618/15, [2016] EUECJ C-618/15 … Continue reading Concurrence SARL v Samsung Electronics France SAS, Amazon Services Europe Sarl: ECJ 21 Dec 2016
The defendant H appealed against a refusal of a stay of the action under the 1996 Act on the basis of Brussels I. Held: The appeal failed. Article 22 was to be narrowly construed, and it should be no wider than is needed to satisfy the objective of the provisions. However, the costs order had … Continue reading Magiera v Magiera: CA 15 Dec 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
ECJ Regulation (EC) No 44/2001 – Jurisdiction and recognition and enforcement of judgments – Definition of ‘civil and commercial matters’ – Recognition and enforcement of an order imposing a fine – Directive 2004/48/EC – Intellectual property rights – Infringement of those rights – Measures, procedures and remedies – Sentence – Exequatur procedure – Related legal … Continue reading Realchemie Nederland v Bayer Cropscience Ag: ECJ 18 Oct 2011
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
(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
(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
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
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
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
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
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
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
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
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
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
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
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
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
The parties disputed whether the claimant had a ‘good arguable case’ that the defendant had its central administration in England so as to give the court jurisdiction. Lord Dyson MR, Aikens LJ, Janet Smith D [2014] EWCA Civ 1130, [2014] WLR(D) 370 Bailii, WLRD Brussels 1 Regulation (Regulation EC 44/2001 60 England and Wales Jurisdiction … Continue reading Young v Anglo American South Africa Ltd and Others: CA 31 Jul 2014
ECJ Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 22(1) – Exclusive jurisdiction – Disputes in proceedings which have as their object rights in rem in immovable property – Nature of the right of pre-emption – Article 27(1) – Lis pendens – Concept of proceedings involving the same cause of action … Continue reading Weber v Weber: ECJ 3 Apr 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
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
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
‘ (1) whether the English court has jurisdiction pursuant to Article 6(1) of EC Council Regulation 44/2001 to determine claims made by the victims of illegal cartel arrangements found by the European Commission to have been made by the Defendants and (2) whether, if so, the proceedings should be stayed pursuant to Article 28 of … Continue reading Cooper Tire and Rubber Company Europe Ltd and Others v Dow Deutschland Inc and Others: CA 23 Jul 2010
ECJ Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Court with jurisdiction – Special jurisdiction in ‘matters relating to contract’ and ‘matters relating to tort, delict and quasi-delict C-147/12, [2013] EUECJ C-147/12 Bailii European Updated: 17 November 2021; Ref: scu.513415
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
muhleitnerECJ2012 ECJ Jurisdiction in civil and commercial matters – Jurisdiction over consumer contracts – Regulation (EC) No 44/2001 – Article 15(1)(c) – Possible limitation of that jurisdiction to distance contracts C-190/11, [2012] EUECJ C-190/11 Bailii European, Consumer Updated: 11 November 2021; Ref: scu.464425
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
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
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
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 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
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
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 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 Judgment – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Article 23 – Agreement conferring jurisdiction – . .
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: 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
