Part II Jurisdiction, 15 Examination as to Jurisdiction and Admissibility
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- 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 court's obligation to examine of its own motion whether it has jurisdiction under Brussels 2012 and Lugano 2007. There are two cases in which the court must of its own motion declare that it has no jurisdiction. The first is where it is seised of a claim which is principally concerned with a matter over which the courts of another Member State (Lugano State) have exclusive jurisdiction by virtue of Brussels 2012, Article 24 (Lugano 2007, Article 22). The second case is where a defendant domiciled in one Member State is sued in a court of another Member State and does not enter an appearance. Here, the court is seised of its own motion declare that it has no jurisdiction unless its jurisdiction is derived from the provisions of the Regulation.