Brussels I Rome I - International Commercial Law

MUST GO TO PAGE 160 for FLOWCHART

BASIC RULE = Defendant is sued in the courts of his home country unless an Exception applies:

Exceptions = Contracts,

Torts,

situation where the Defendant has a local branch office,

real property,

companies,

intellectual property rights (IP),

insurance,

Consumer contracts, and Employment matters

By Art.23 Basic Rule CAN be contracted out

SPECIAL JURISDICTION:

Art.5(1)(a) Contract: if dispute is a contract matter then, there is an option of suing D in the MS where the contract should have been performed

Art.5(1)(b) Sales of Goods Contract: it is presumed that “place of performance of the obligation in question” is the MS where the goods were delivered or should have been delivered.

Art.5(3) Tort: D may be sued in the courts of MS where the harmful event occurred or may occur

Art.5(5) Branch Office: if D has a branch or office in another MS D may be sued there if dispute arises out of the operations of that branch or office.

By Art.23 Special Jurisdiction CAN be contracted out

EXCLUSIVE JURISDICTION: OVERRIDES the Basic Rule and Special Jurisdiction

Art. 2 Land: The MS where the land is situated has exclusive jurisdiction

Art. 2 Constitution or Dissolution of Co.’s: The MS where the Co. has it seat (i.e. Reg Office)

Art. 2 IP Rights: registration or validity of IP rights, MS where rights are registered or applied for

By Art.23 Exclusive Jurisdiction CANNOT be contracted out

THE WEAK PARTY:

Art. 15 to 17 Weak party can only be sued in his own courts

Art. 15 to 17 Weak party can chose the court where it will sue the other party

Applies to INTERNET consumer (i.e. internet seller can be sued anywhere)

By Art.23 CAN be contracted out

FIRST TO FILE

By Art.21 Court first involved in proceedings will generally have jurisdiction unless it declines

By Art.27 & 28 Judgements obtained in MS must be recognised and enforced

ELECTROSTEEL Europe SA v Edil Centro

the reference was made to obtain the correct interpretation of the expression ‘place...