Jurisdiction in the European Union: A Comprehensive Summary

Jurisdiction in the European Union

1. Relation with Other Legal Instruments

1.1 Other Specific EU Legal Instruments

Does not affect specific matters.

1.2 Brussels Convention

Superseded by the Brussels Regulation. References to the Convention should be to the Regulation.

1.3 International Conventions

Supersedes existing treaties, but treaties retain validity where not superseded. The Brussels Regulation (Regulation 44/2001) does not affect specific treaties. The Regulation shall not affect treaties prior to its entry into force.

2. Scope of Application

2.1 Time

March 2002

2.2 Geographical Scope

All EU members except Denmark (Denmark joined in 2005).

2.3 Material Scope

Civil and commercial matters (excluding revenue, customs, and administrative matters). Does not extend to: legal capacity of natural persons, rights in property, bankruptcy, social security, or arbitration.

2.4 Personal Scope

Refer to the provided table (not included in this document).

3. Rules to Determine Jurisdiction

3.1 Special Rules (for Weaker Parties)

• Insurance (Articles 8-14):
  • Insurer: where domiciled.
  • Another Member State (plaintiff) or co-insurer (location of the first insurer).
  • Non-EU party with assets within the EU.
  • Liability/property located within the EU.
  • Against the insured party (defendant's place).
• Consumer Contracts (Articles 15-17):
  • Professional vs. non-professional.
  • Non-EU party with assets within the EU.
  • Consumer can sue the other party where they choose.
  • Suits against the consumer must be brought in the consumer's place of residence.
• Individual Contracts of Employment (Articles 18-21):
  • Against a company (country where the company is located).
  • Against an employer: employer's domicile or another Member State where the employee works/company is located.
  • Against an employee (defendant's domicile).

3.2 General Rules (Hierarchically Organized)

1. Exclusive Jurisdiction (Article 22): Real property, company formation, public records, patents/trademarks, judicial processes.
2. Prorogation of Jurisdiction (Articles 23-24): Declining jurisdiction when not applicable.
3. Defendant's Domicile (Article 2, Recitals 8 and 11) or Special Subject Matter (Article 5): Default jurisdiction.

4. Other Jurisdiction Rules

4.1 Connecting Jurisdiction (Articles 6-7): Combined claims.

4.2 Jurisdiction for Provisional and Protective Measures (Article 31)

5. Application Rules

5.1 Examination as to Jurisdiction and Admissibility (Articles 25-26)

5.2 Pending Proceedings ("Lis Pendens") (Article 27): Identical claims; second court is incompetent until the first court rules.

5.3 Related Actions (Article 28): Subsequent court suspends proceedings.

5.4 Several Exclusive Jurisdictions (Article 29): If two courts declare themselves competent, the first one prevails.

5.5 Definition ("Court Seised") (Article 30)

5.6 Definition ("Domicile") (Articles 59-60)