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Part II Jurisdiction, 14 Submission

From: Civil Jurisdiction and Judgements in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention (2nd Edition)

Trevor Hartley

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 12 April 2024

14.01 If the defendant enters an appearance before a court of a Member State (Lugano State) without contesting jurisdiction, that fact alone confers jurisdiction on the court in question.1 This ensures that a defendant cannot fight the case on the merits and then, if he loses, claim that the court had no jurisdiction. The rule is usually explained on the ground that the entry of an appearance without challenging the court’s jurisdiction constitutes an implied choice-of-court agreement.2 14.02 The rule can also apply against the claimant. If the defendant claims...
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