Comment on
EC Regulation No 44/2001
Brussels I 2000

• Introductory remarks
  • General comments
    • Background of the Brussels I Regulation
    • Work and revision of the Brussels and Lugano Conventions
  • Proposal for a new Council Regulation
    • Subject-matter
    • Legal basis
  • Justification for the Brussels I Regulaiton in terms of proportionality and subsidiarity principles
  • Individual provisions
    • General objective
    • Continuity
    • Adaptations
    • Comparative tabel
    • Comment in the Proposal on individual Articles

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• Scope
  • International scope of the Brussels I Regulation
    • Formal scope of the Brussels I Regulation
    • Domicile of natural persons [Art. 59]
    • Domicile of legal persons [Art. 60]
    • Legal relationships with an international element [Art. 1]
    • Binding nature of the Regulation [Art. 1]
  • Material scope of the Brussels I Regulation [Art. 1(1)]
    • Civil and commercial matters [Art. 1(1)]
    • Civil and commercial matters dealt with by administrative or criminal courts [Art. 1(1)]
    • Revenue, customs or administrative matters [Art. 1(1)]
  • Civil and commercial matters excluded from the scope of the Regulation [Art. 1(2)]
    • Exclusion of civil status, legal capacity, marital property, wills and succession [Art. 1(2)(a)]
    • Exclusion of bankruptcy and insolvency proceedings [Art. 1(2)(b)]
    • Exclusion of matters of social security [Art. 1(2)(c)]
    • Exclusion of arbitration [Art. 1((2)(d)]
  • Definition of the term 'Member State' [Art. 1(3)]'

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• General provisions for jurisdiction [Sec. 1]
  • Defendant's domicile as general ground for jurisdiction [Art. 2]
    • General principle for cross-border disputes
    • 'Maxim actor sequitur forum rei' [Art. 2(1)]
    • 'Equality of treatment' [Art. 2(2)]
  • Rules for special jurisdiction and for the exclusion of exorbitant jurisdiction [Art. 3]
    • Rules for special jurisdiction [Art. 3(1)]
    • Examples of excluded national rules of exorbitant jurisdiction in Annex I [Art. 3(2)]
  • Position of defendants domiciled in a Non-Member State ('scope rationae personae') [Art. 4]

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• Special jurisdiction [Sec. 2]
  • Additional forum for legal actions relating to a contract [Art. 5(1)]
    • Introduction [Art. 5(1)]
    • Forum contractus' as an alternative for the domicile of the defendant [Art. 5(1)(a)]
    • Matters relating to a contract [Art. 5(1)(a)]
    • The obligation in question [Art. 5(1)(a)]
    • Place of performance of the obligation [Art. 5(1(a))(b)]
    • Place of performance of the obligation in case of a sale of goods or the provision of services [Art. 5(1)(b)]
    • Place of performance of the obligation assessed in accordance with Article 5, point (1)(b) is not situated in a Member State [Art. 5(1)(c)]
  • Maintenance obligations [Art. 5(2)]
    • Definition 'maintenance obligation'
    • Maintenance creditor
    • Jurisdiction when maintenance claim is ancillary to action regarding divorce or parental responsibility
  • Tort, delict or quasi-delict [Art. 5(3)]
    • Introduction
    • Place where the harmful event occurred
    • Harmful event which 'may occur'
  • Civil claims brought to court in criminal proceedings [Art. 5(4)]
  • Disputes connected to a branch, agency or other establishment in a Member State [Art. 5(5)]
    • Branch, agency or other establishment
    • Dispute arising out of the operations' of a branch, agency or other establishment
  • Trusts [Art. 5(6)]
  • Salvage claims for which cargo or freight has been arrested [Art. 5(7)]
  • Jurisdiction derived from jurisdicition over another right of action [Art. 6 and 7]
    • Jurisdiction when there are two or more defendants to a single forum [Art. 6(1)]
    • Jurisdiction when a third party is called to third-party proceedings [Art. 6(2)]
    • Jurisdiction on counterclaims [Art. 6(3)]
    • Jurisdiction on combined actions regarding a contract and a right in rem in immovable property [Art. 6(4)]
    • Jurisdiction on claims for limitation of liability which has arisen from the use or operation of a ship [Art. 7]

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• Jurisdiction in matters relating to insurance [Sec. 3]
  • Protective jurisdiction [Sec. 2, 4 and 5]
  • Independant application of Section 3 in matters relating to insurance [Art. 8]
  • Actions of the policyholder, insured person or beneficiary against the insurer [Art. 9 and 10]
    • Domicile of the insurer [Art. 9(1)(a)]
    • Place where the policyholder, insured person or beneficiary is domiciled [Art. 9(1)(b)]
    • Co-insurers [Art. 9(1)(b)]
    • Branch, agency or other establishment of the insurer [Art. 9(2) and 5(5)]
    • Liability insurance or insurance of immovable property: place where the harmful event occurred [Art. 10]
  • Actions of a third - injured - person against the liable person or his insurer [Art. 11]
    • Actions of the injured person against the insured person liable: calling the insurer to court [Art. 11(1)]
    • Direct action of the injured person against the insurer: calling the insured person to court [Art. 11(2)(3)]
  • Jurisdiction relating to legal actions of an insurer against another person (defendant) and counter claims [Art. 12]
  • Contractual derogation from the provisions of Section 3 [Art. 13 and 14]
    • Forum clause concluded after the dispute has arisen [Art. 13(1)]
    • Forum clause extending the possibilities of the weaker party to sue the insurer [Art. 13(2)]
    • Forum clause between a policyholder and insurer domiciled in the same Member State [Art. 13(3)]
    • Forum clause between the insurer and a policyholder not domiciled in the European Union [Art. 13(4)]
    • Forum clause related to the insurance of large risks [Art. 13(5) and 14]
      

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• Jurisdiction over consumer contracts [Sec. 4]

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• Jurisdiction over contracts of employment [Sec. 5]

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• Exclusive jurisdiction [Sec. 6]

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• Prorogation of jurisdiction [Sec. 7]

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• Examination as to jurisdiction and admissibility [Sec. 8]

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• Lis pendens — related actions [Sec. 9]

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• Provisional, including protective, measures [Sec. 10]

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