EU Jurisdiction - Special

Question 1

Arcado v Haviland

Answer 1

The case related to contractual disputes

Question 2

Handte v TMCS

Answer 2

The issue was not contractual as it did not involve two parties who freely contracted

Question 3

Kleinwort Benson v Glasgow

Answer 3

Loan swap agreement did not fall under the article

Question 4

Art 7(1)

Answer 4

Where the place of performance took place, whether it is a contract or a service is determined

Question 5

What about when the place of performance is multiple

Answer 5

Courts have to look at where the primary obligation took place; Union Transport v Continental Lines and Medway Packaging

Question 6

Art 7(3)

Answer 6

The courts can hear the case if ENG is where the harmful event occurred

Question 7

Bier v Mines

Answer 7

CJEU rules that the harmful event occurs either where the damage occurs or the place of the event giving rise to it

Question 8

Shevill v Presse Alliance

Answer 8

Where the publisher is established OR in each member state in which the publication is injured

Question 9

Domicrest

Answer 9

Ngl Mst - where harmful event occurs: Mst originated

place where ngl mst is received and relied upon: place where damage is suffered

Question 10

Marinari v Lloyds Bank

Answer 10

Original place of incident is taken into csd