Jurisdiction and the recognition and enforcement of judgments in cross-border cases

Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters distinguishes between exclusive, general and special jurisdiction and rules protecting the weaker party. Where an international civil dispute falls within a Member State’s exclusive jurisdiction under Article 24, its courts take precedence. Otherwise it is necessary to consider general jurisdiction at the defendant’s domicile (Chapter II, Section 1) and, according to the basis of the claim, special jurisdiction (Chapter II, Section 2). Under Article 7(2), a person domiciled in one Member State may be sued in another in matters relating to tort, delict or quasi-delict in the courts for the place where the harmful event occurred or may occur. For proceedings brought on that special basis, Article 7(2) applies as the specific rule in relation to the general rule in Article 4. The article points, by way of example, to the case law of the Court of Justice of the European Union: judgment of the Grand Chamber of 25 October 2011 on requests for preliminary rulings from the Bundesgerichtshof (Germany) and the Tribunal de grande instance de Paris (France), eDate Advertising GmbH v X and Olivier Martinez and Robert Martinez v MGN Limited, Joined Cases C-509/09 and C-161/10.

This article is not a legal opinion or advice concerning a particular situation or person. For assistance with a specific case, consult a lawyer.