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4 Update to Chapter 8: Special Jurisdiction

From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention - Online Update, January 2018

Trevor C Hartley

Subject(s):
Jurisdiction under the Brussels I Regulation — Jurisdiction under the Brussels II Regulation — Jurisdiction under the traditional rules

Update to Chapter 8: Special Jurisdiction

Updating paragraphs 8.08–8.33 Contract: When Does Article 7(1) Apply? (‘matters relating to a contract’).

N-8-1  Where a jointly and severally liable debtor who has paid the other debtor’s share in the common debt brings proceedings against the latter to recover the other debtor’s share, those proceedings constitute a matter relating to a contract within the meaning of Brussels 2012, Article 7(1): Case C 249/16, Kareda, ECLI:EU:C:2017:472.

Updating paragraphs 8.34–8.45 Brussels 2012, Article 7(1)(b): Is a credit agreement a contract for the provision of services?

N-8-2  A credit agreement between a credit institution and two debtors is a contract for the provision of services within the meaning of Brussels 2012, Article 7(1)(b): Case C 249/16, Kareda, ECLI:EU:C:2017:472.

Updating paragraphs 8.51–8.56 Brussels 2012, Article 7(1)(b): ‘the place in a Member State where, under the contract, the services were provided or should have been provided’: credit institution granting a loan.

N-8-3  The place where services are provided, within the meaning of the second indent of Brussels 2012, Article 7(1)(b), is, in the case of a credit institution granting a loan, the place where that institution has its registered office, except where it has been agreed otherwise: Case C 249/16, Kareda, ECLI:EU:C:2017:472.

Updating paragraphs 8.73–8.76 Tort, Delict and Quasi-Delict: When Does the Provision Apply? Brussels 2012, Article7(2).

N-8-4  Brussels 2012, Article 7(2), previously Brussels 2000, Article 5(3), does not apply to actions for a declaration of non-infringement under Article 81(b) of Regulation No 6/2002 of 12 December 2001 on Community designs, or to actions for a declaration of non-infringement under Article 81(b) of Regulation No 6/2002: Case C 433/16, Bayerische Motoren Werke AG, ECLI:EU:C:2017:550.

Updating paragraphs 8.99–8.107 Defamation and Invasion of Privacy—centre of interests.

N-8-5  Where the claimant in defamation proceedings was a company incorporated in Estonia and having its registered office there, but which did the main part of its business in Sweden, its centre of interests was Sweden, not Estonia: Case C-194/16, Bolagsupplysningen OÜ, ECLI:EU:C:2017:766.

Updating paragraphs 8.99–8.107 Defamation and Invasion of Privacy—removal of matter on defendant’s website.

N-8-6  Where a court in defamation proceedings has jurisdiction only on the ground that material published on the defendant’s website in another Member State is or was accessible in the Member State of the court, that court does not have jurisdiction to order that the material be removed from the defendant’s website: Case C-194/16, Bolagsupplysningen OÜ, ECLI:EU:C:2017:766.