Brussels 1A Flashcards
Gasser
Principle of mutual trust. Once an EU court is seized, you must wait its ruling. Even if the court seized is notoriously slow.
Turner
Anti-suit injunctions go against the principle of mutual trust and goes against the “effet utile” of EU law!
Note that mutual trust only applies between member states
Owusu
Forum non conveniens.
Fact that there are non elements pointing to non-member state and a national of a member state is sufficient for there to be an international element
Lindner
If all elements point to one member state but the defendant is from another member state -> international element
Eurocontrol
The need for an autonomous interpretation of ‘civil and commercial’. Seems to say: when the public authority is in the exercise of its powers.
Fahnebrock
If the actions of a public authority have direct and immediate effect -> acta iure imperii
Koen
Look at the context, so when the case is about something relating to the national sovereignty it’s probably acta iure imperii
Rich
arbitration exception, look at subject-matter to decide whether it falls under the exception
Van Uden
only matters ancillary to the arbitration fall under the exception. Matters that are parallel not!
Dinant bar
A part from a case can be civil and commercial whilst another part isn’t.
Reichtert
About exclusive jurisdiction: rightsin rem also include the additional rights that allow to protect your right in rem. In this case ‘actio pauliana’
Webb v Webb
rights in rem must be the principle object
Gaillard
Rights in rem have effect erga omnes
Weber v weber
Right of pre-emption that is noted in the registry and thus has effect erga omnes is a right in rem
Hacker
Contracts that involve multiple services besides the tenancy meant in art 24, cannot use art 24
Klein v Rhodos management
more complex deals than tenancies, like time-sharing agreements are not covered by the tenancy rule
BVG
The defense stating that someone did not have the competence to agree to a contract, does not fall under the exclusive jurisdiction rule of art 24. This would allow defendants to choose jurisdiction based on whether or not they call in this defense…
GATT v LUK
About IPR rights, even if the defense calls the validity of IPR rights into question, art 24 will still be applicable…
Elefanten Schuh
There is no voluntary appearance when the party appears to challenge jurisdiction, but doesn’t do that in his first argument.
Gruber
Austrian farmer with his tiles.
Consumer has to prove that the other party should have been aware of his capacity as consumer.
+ for mixed purpose contracts the professional aspect must be neglectable
Schrems
Consumer contracts: qualification is dynamic. A consumer contract can lose that qualification, however a non-consumer contract probably cannot become a consumer contract.
Ryanair v Delayfix
Strong seperation between qualification of consumer and EU consumer law
Pammer Alpenhof
Indications of a company directing activities towards a member state.
Holterman
Employees that also have another function within the company can enjoy the rights of the employee section.
Markt 24
When there is an employment contract, you can rely on this section even if the contract has not been exercised yet.
Osacar v Ryanair
The place of employment has to be chosen based on the point of view from the employee!
Gothaer
When a court declines jurisdiction due to choice of court, the reasoning is also binding for other courts?
Colzani
When choice of court is made on the GTC’s on the back of a contract, reference to the GTC’s must be made.
Carsontheweb
Choice of court in click-wrap pop-up, only accepted if possible to save/print -> durable
Refcomp
Choice of court is not expected to bind sub-contractors
Feniks
About the special jurisdication based on a contract; about a complicit of colosseum getting money away from the company and it’s creditor. This makes the accomplice also liable under the contract
reitbauer
jurisdiction based on a contract als includes freely assumed obligations, no need for fraus
flightright
jurisdiction based on a contract, even when the claimant had no knowledge of the third party he can still be covered under this jurisdiction
De Bloos
concession agreement, look over the fence
Tessili & dunlop
look over the fence
Corman collins
Is a concession agreement sale of goods or services. Unclear!
Shenavai
accesorium sequitur principale under jurisdiction based on a contractual obligation
Kalfelis
Tort is liability outside of a contract
Bier/mines de potasse
difference between ldc and ld
Dumez France
no indirect damages are covered under ld jurisdiction rule
Marinari
no indirect damages are covered under ld jurisdiction rule; not even when both are from the same person
Shevill
The LD only grants jurisdiction based on the damage within that territory
e-date
tort relating to personality rights: forum is in the place of habitual residence of the victim
bolagsupplysningen
extends e-date to companies
Folien Fischer
7(2) also applies when negative declaration of tort
OFAB
tort in case of ommission: LDC is place where action should have been taken
Kolassa:
economical damages do not grant extra forum
Universal music
existence of a bank account does not grant an extra forum
Kainz
Product liability: LD is place where product is created unless you can prove it actuallly is somewhere else.
Volkswagen
About dieselgate: only the ppl who bought a volkswagen before the news came out can claim extra LD
Kalfelis
About anchor defendant: only usable when there is a risk of irreconcilable judgements
Freeport
When the conditions of art8 are met, we will in contradiction to Kalfelis, not check this.
The Tatry:
conditions for lis alibi pendens: same parties, same object and same cause (facts and rule of law)
Vinyls Italia
Rome 1
Even in purely domestic situations, if it is regulated in Rome 1, then Rome 1 will be applicable.
Niki Foridis
Rome 1
When a contract undergoes big changes, this might constitute a new contract alltogether.
Begun and Marann
Rome 2
In fraudulent chain of contracts, the LDC is it at begin or end. In this case begin was chosen
