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Brussels I Regulation 1215/2012 =
Jurisdiction BASIC RULE = Defendant is sued in the courts of her home country (Art. 4) 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 by agreement but must be In writing or
- in a form according with practices which parties established between themselves form widely used or acknowledged in trade (25(1)(a-c));
SPECIAL JURISDICTION: Art.7(1)(a) Contract: if contract matter, can sue D in MS where contract should have been performed Art.7(1)(b) Sales of Goods Contract: presumed that "place of performance of obligation" is MS where goods were / should have been delivered (see Electrosteel judgment below) Art.7(2) Tort: D may be sued in MS where harmful event occurred / may occur Art.7(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.25 Rules on General and Special Jurisdiction CAN be contracted out; sets out formal requirements (in writing etc)
EXCLUSIVE JURISDICTION: OVERRIDES the Basic Rule and Special Jurisdiction Art. 2 Land / tenancies: MS where land is situated has exclusive jurisdiction Art. 2 Constitution or dissolution of Co.'s: MS where 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.24 Exclusive Jurisdiction CANNOT be contracted out (ltd for insurance, consumer and employment contracts)
THE WEAK PARTY (less economic power): Art. 17-19: Special rules for insurance, consumer and employment contracts Art. 17-19: Weak party can generally only be sued in his own courts BUT is given choice as to whether wishes to sue in own courts or other party's courts Applies to eCommerce (i.e. internet seller can be sued anywhere); businesses control this by refusing to sell / deliver goods to certain jurisdictions By Art.23 CAN be contracted out
FIRST TO FILE By Art.29 Court first involved in proceedings (first seised) will have jurisdiction unless it declines By Art. 31(2) If parties select jurisdiction under Art. 25, court may hear case if not first seised By Arts. 36-37 Judgements in MS must be recognised+enforced, w/ some exceptions (see chart)
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