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Part I General and Introductory, 5 Subject-Matter Scope: Specific Exclusions

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

Trevor C Hartley

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 November 2020

Subject-matter scope — Specific exclusions — 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 consider matters specifically excluded from the scope of Brussels 2012, Lugano 2007, and the Hague Convention. Each of these instruments contains a list of subjects — for example, status of natural persons — that are excluded from its scope. Under Brussels, and almost certainly under Lugano and Hague as well, these legal concepts have an autonomous meaning. They are not interpreted according to national law. If this were not so, the scope of the instrument would vary from State to State. Topics discussed include rights in property arising out of a matrimonial relationship, wills and succession, bankruptcy, social security, arbitration, maintenance, consumer contracts, employment contracts, carriage of persons and goods, maritime matters, competition (antitrust) matters, liability for nuclear damage, personal injury, damage to property, matters subject to exclusive jurisdiction, infringement of intellectual property rights, and declarations under the Hague Convention.

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