Part II Jurisdiction, 8 Special Jurisdiction
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- Exclusive forum clauses — Jurisdiction under the Brussels-Lugano Regime — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Brussels II Regulation — Jurisdiction under the Lugano Convention — Jurisdiction under the traditional rules
This chapter considers the rules of special jurisdiction contained in Article 7 of Brussels 2012 and Article 5 of Lugano 2007, rules that apply when the defendant is domiciled in another EU or Lugano State. Topics discussed include rules on contract; tort, delict, and quasi-delict; civil claims in criminal proceedings; recovery of cultural objects; branch, agency, or other establishments; trusts; salvage of a cargo or freight; and claims for maintenance. The rules discussed are all subject to an exception where the courts of another Member State have exclusive jurisdiction, under Brussels 2012, Article 24 or 25, or where another Section of Title II of the Regulation sets out a complete code of provisions with regard to a given subject.