Part I General and Introductory, 4 Subject-Matter Scope: Civil and Commercial Matters
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- Subject-matter scope — 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 discusses the ‘subject-matter scope’ of Brussels 2012, Lugano 2007, and the Hague Convention. ‘Subject-matter scope’ refers to the scope covered by a measure as regards its subject matter, that is to say the branches and areas of the law to which it applies. For the three legal instruments under consideration, the relevant provisions are contained in Article 1 of Brussels 2012 and Lugano, and Articles 1 and 2 of Hague. A review of case law shows that the distinction between a civil matter and public matter is far from straightforward. There is a significant grey area in which the Court of Justice of the European Union could legitimately go either way.