Cases, Materials and News on European Civil Procedure

Category: Jurisdiction

Opinion of Advocate General TANCHEV, 10 April 2018, Zurich Insurance plc and Metso Minerals Oy v Abnormal Load Services Limited — Brussels I Regulation — Jurisdiction in matters relating to contracts — Damages — Determination of the place of performance of the obligation — Place where the services were provided or should have been provided in a Multimodal transport

On April 10th, 2018, Advocate General Tanchev delivered his opinion in Case C-88/17, concerning international jurisdiction in respect of a claim for contractual damages under the second indent of Article 5(1)(b) of Brussels I Regulation, in a context entailing the multimodal transport of goods from one Member State to another. Facts of the case ALS […]

CJEU Judgment (1st Chamber) – Case C-560/16 – E.ON Czech Holding AG v. Michael Dědouch, Petr Streitberg, Pavel Suda – 7 March 2018 – Regulation (EC) No 44/2001 – Article 22(2) — Exclusive jurisdiction of the courts of the Member State in whose territory the organs of companies or legal persons have their seat – Validity of decisions of the organs of companies or legal persons

On 7March 2018, the Court of Justice of the European Union issued a judgment in the case C-560/16, between E.ON Czech Holding AG v. Michael Dědouch, Petr Streitberg, Pavel Suda, on a request for a preliminary ruling under Article 267 TFEU from the Nejvyšší soud (Supreme Court, Czech Republic) concerning the interpretation of Article 5(1)(a) and […]

CJEU Judgment (3rd Chamber) – Joined Cases C‑274/16, C‑447/16 and C‑448/16 – Flightright GmbH – 7 March 2018 – Regulation (EU) No 1215/2012 – Article 7 (1) — Connecting flight operated by different air carriers — Concept of ‘place of performance’ — Right of air passengers to compensation for denied boarding and for the long delay of a flight

On March 7th, 2018 the CJEU delivered its judgement on joined cases C‑274/16, C‑447/16 and C‑448/16, between flightright GmbH and others v Air Nostrum,Líneas Aéreas del Mediterráneo SA v Hainan Airlines Co.Ltd, where it has been stated, inter alia, that, the second indent of Article 5(1)(b) of Regulation No 44/2001 and the second indent of Article 7(1)(b) of Regulation (EU) […]

CJEU Judgment – C‑106/17 – Paweł Hofsoe v LVM Landwirtschaftlicher Versicherungsverein Münster AG – 31 January 2018 – Brussels I bis Regulation – interpretation of Article 11(1)(b) and of Article 13(2) of Regulation (EU) No 1215/2012 – concept of ‘injured party’ – high predictability of rules of jurisdiction

On 31 January 2018, the Court of Justice of the European Union issued a judgment in the case C‑106/17 between Paweł Hofsoe and LVM Landwirtschaftlicher Versicherungsverein Münster AG, stating that a natural person, whose professional activity consists, inter alia, in recovering claims for damages from insurers and who relies on a contract for the assignment […]

CJEU Judgment – C-498/16 – Maximilian Schrems v Facebook Ireland Limited – 25 January 2018 – Regulation (EC) No 44/2001 — Articles 15 and 16 — Jurisdiction in respect of consumer contracts — Definition of ‘consumer’ — Assignment between consumers of claims against the same trader or professional)

On 25 January 2018, the Court of Justice of the European Union issued a judgment in the case C-498/16 between Maximilian Schrems and Facebook Ireland Limited, stating on the definition of “consumer” under Articles 15 and 16 of Brussels I. The referring court asks, in essence, (A) whether Article 15 of Regulation No 44/2001 must be interpreted […]

Koza Ltd & Anor v Akcil & Ors [2017] EWCA Civ 1609 – UK Court of Appeal clarifies approach to exclusive jurisdiction provisions (art. 24(2)) of the Recast Brussels Regulation (1215/2012)) relating to validity of corporate decisions

In the decision rendered in the case Koza Ltd & Anor v Akcil & Ors [2017] EWCA Civ 1609, the Court of Appeal has held that the English courts had exclusive jurisdiction to hear a claim brought by an English subsidiary company against Turkish domiciled defendants including its parent company. The decision confirms that when […]

CJEU Judgment – C 641/16 – 9 November 2017 – Insolvency proceedings – Regulation (EC) No 1346/2000 – Court having jurisdiction – Action for unfair competition brought in the context of insolvency proceedings

A claim was brought by a French Company before the Tribunal de commerce de Paris after it allegedly suffered damages (for acts of unfair competition) by the German assignee of part of the business of a German company under insolvency proceedings (in Germany).  The ‘German assignee’ challenged the jurisdiction of the French court on the basis of […]

Opinion of advocate general Bobek – 14 November 2017 – Case C‑498/16: Maximilian Schrems v Facebook Ireland Limited – Jurisdiction in matters relating to consumer contracts – Concept of consumer – Assignment of claims by consumers domiciled in the same Member State, in other Member States and in non-member States

Mr Maximilian Schrems has started legal proceedings against Facebook Ireland Limited before a court in Austria, alleging that the company has infringed his privacy and data protection rights. Seven other Facebook users (domiciled in Austria, other EU Member States, and in non-member States) assigned their claims for allegations of the same infringements to him in […]

CJEU Judgment – C 194/16 – 17 October 2017, Regulation (EU) No 1215/2012 — Jurisdiction Pursuant Art. 7 (2) — Infringement of the rights of a legal person by the publication on the internet – Place where the damage occurred — Centre of interests of that person

The Court of Justice of the European Union, in Case C‑194/16 of 17 October 2017, issued a judgment concerning the interpretation of Article 7(2) of Regulation (EU) 1215/2012 in relation with internet infringement of personality rights, stating that: a legal person claiming that its personality rights have been infringed by the publication of incorrect information […]

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