Cases

Question 1

Bier v. Mines de Potasse d’Alsace (1976)

Answer 1

Brussels I art. 5(3): liability in tort, delict, or quasi-delict
“Place where harmful event occurred” = both place of origin and place of damage
Plaintiff has choice of jurisdiction

Question 2

Tessili v. Dunlop (1976)

Answer 2

Brussels I art. 5(1): “Place of performance of the obligation in question”
To be determined by the law of country governing the contract

Question 3

Color Drack (2007)

Answer 3

Brussels I art. 5(1)(b)(1): “Place of delivery” = if several places within a state”
- Principle place of delivery (economic criteria) OR if equivalent, choice of court

Question 4

Car Trim (2010)

Answer 4

Brussels I art. 5(1)(b)(1): “Sale of goods” includes quality and compliance of the goods with the contract
“Place of delivery” is based on the contract OR the place of physical transfer of goods

Question 5

Dumez v. Helaba (1990)

Answer 5

Brussels I art. 5(3): liability in tort, delict, or quasi-delict
“Place where harmful event occurred” may refer to the place where the damage occurred only as the direct event proceeding harm on the victim
- No secondary victims may decide on jurisdiction

Question 6

Shevill (1995)

Answer 6

Brussels I art. 5(3): liability in tort, delict, or quasi-delict
Defamation by press in several states
“Place where harmful event occurred” = MS of publisher or each involved MS (if in each MS the case only concerns the harm caused in that state)

Question 7

Mariani (1995)

Answer 7

Brussels I art. 5(3): liability in tort, delict, or quasi-delict
“Place where harmful damage occurred” does not equal place of ensuing financial damage

Question 8

eDate v. X. and Martinez v. MGN (2011)

Answer 8

Brussels I art. 5(3): liability in tort, delict, or quasi-delict
“Place of damage” = MS where the defendant is established OR MS with centre of interest of the plaintiff OR each MS where damage occurred (only for damage in own territory)