Topic 7: Brussels I Regulation 2: Exclusive Jurisdiction

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Questions and Answers

Which courts have exclusive jurisdiction over rights in rem in immovable property?

The courts of the Member State where the lease is signed

The courts of the permanent residence of the landlord

The courts of the Member State in which the property is situated (correct)

The courts of the Member State where the defendant is domiciled

The courts of the Member State can have jurisdiction over tenancies of immovable property for periods exceeding six months.

False

What term describes the rights we exert over a thing, as opposed to personal rights?

rights in rem

In proceedings concerning the validity of companies, the courts of the Member State where the company has its _____ have jurisdiction.

seat Signup and view all the answers

Match the type of proceeding to the corresponding jurisdiction:

Rights in rem of immovable property = Courts of the Member State where the property is situated Tenancies for temporary private use = Courts of the Member State where the defendant is domiciled Validity of companies = Courts of the Member State where the company has its seat Decisions of legal persons = Courts of the Member State where legal person is domiciled Signup and view all the answers

Which of the following correctly describes the requirement for an agreement conferring jurisdiction?

It must be in writing or evidenced in writing. Signup and view all the answers

An agreement conferring jurisdiction can be contested simply because the main contract is invalid.

False Signup and view all the answers

What is the concept referred to as 'personarse' in Spanish?

To make one's own person before the court. Signup and view all the answers

An agreement conferring jurisdiction must be witnessed in accordance with _______ established between them.

practices Signup and view all the answers

Match the following legal terms to their definitions:

Jurisdiction = The authority of a court to hear a case Defendant = The party being accused in a legal proceeding Settlor = A person who creates a trust Beneficiary = Someone entitled to receive benefits or funds from a trust Signup and view all the answers

In the context of jurisdiction, what does Article 26 refer to?

Implicit or tacit prorogation of jurisdiction Signup and view all the answers

Communication through electronic means providing a durable record is not considered equivalent to writing.

False Signup and view all the answers

What must courts ensure when the defendant is a weaker party, such as a consumer, before assuming jurisdiction?

The defendant must be informed of their right to contest jurisdiction and the consequences of their appearance. Signup and view all the answers

Jurisdiction derived from an agreement is deemed _______ unless the parties have agreed otherwise.

exclusive Signup and view all the answers

What consequence arises from the validity of a jurisdiction agreement?

It remains valid regardless of the validity of the main contract. Signup and view all the answers

An exclusive jurisdiction clause is automatically null and void if contested.

False Signup and view all the answers

What is required for a jurisdiction agreement in international trade?

It must conform to widely known usages in that specific trade. Signup and view all the answers

The _______ dimension of the agreement refers to the rights and obligations of the parties involved.

substantive Signup and view all the answers

What protects a weaker party in jurisdictional issues according to Brussels law?

Dynamic established in Brussels 1 Signup and view all the answers

Which court has exclusive jurisdiction for proceedings regarding the registration or validity of patents?

The court of the member state where the patent is registered Signup and view all the answers

In proceedings concerning the enforcement of judgments, the courts of the member state where the judgment was issued have jurisdiction.

False Signup and view all the answers

What must be determined to decide the competent court regarding patent disputes?

The subject matter of the claim Signup and view all the answers

When a court is dealing with a contract involving the licensing of a patent, the competent court is based on the defendant's __________.

domicile Signup and view all the answers

Match the following scenarios to the competent court:

Licensing agreement breach registered in Lithuania = Lithuanian courts Patent validity challenge registered in France = French courts Enforcement of a French judgment in Spain = Spanish courts Patent dispute involving licensing in Italy = Italian courts Signup and view all the answers

What happens in a scenario where a patent is declared null and void?

Only courts in the patent registration country may hear the case Signup and view all the answers

Voluntary grounds of jurisdiction can be established without any explicit agreement between parties.

False Signup and view all the answers

Identify the exclusive ground of jurisdiction regardless of the defendant's domicile.

Exclusive ground of jurisdiction Signup and view all the answers

The enforcement of a judgment requires the courts of the Member State where the judgment is __________.

to be enforced Signup and view all the answers

If a company domiciled in Rome breaches a license agreement for a patent registered in Lithuania, where must the patent holder sue?

Italian courts Signup and view all the answers

Proceedings regarding validity of entries in public registers are handled by the courts of the state where the register is kept.

True Signup and view all the answers

Explain the jurisdiction of courts concerning the validity of European patents.

Courts of the Member State that granted the European patent have exclusive jurisdiction. Signup and view all the answers

Match the action type with the appropriate jurisdiction:

Enforcement of a French judgment = Spanish courts Challenge to patent validity = Courts of patent registration Breach of contract litigation = Defendant's domicile court Judgment execution litigation = Member State of enforcement Signup and view all the answers

Who has the choice of forum when dealing with the domicile of the defendant?

The claimant can choose between defendant's domicile or other options Signup and view all the answers

The place of performance of an obligation in a contract can lead to different competent courts depending on whether the obligation is the seller's or buyer's.

True Signup and view all the answers

What does the Brussels I regulation aim to reduce?

Forum shopping Signup and view all the answers

The _____ rule is found in Article 4 regarding the defendant's domicile.

golden Signup and view all the answers

Under Article 7, where can a claimant file a suit in the case of a sale of goods?

At the place where the goods were delivered Signup and view all the answers

The Brussels Regulation identifies specific courts within the territory of a member state.

False Signup and view all the answers

What must one check first to determine the applicable jurisdiction in a contract dispute under the Brussels regulation?

The defendant's domicile Signup and view all the answers

In consumer contracts, special rules must be followed due to their _____ from the general regime of jurisdiction.

detachment Signup and view all the answers

In the event of a discrepancy between national law and Brussels Regulation, which takes precedence?

Brussels Regulation Signup and view all the answers

Match the following articles to their respective principles:

Article 4 = Defendant's domicile Article 7 = Special grounds for jurisdiction Article 24 = Exclusive grounds Article 25 = Prorogation Signup and view all the answers

For service contracts, the most relevant place for jurisdiction is typically where the services were provided.

True Signup and view all the answers

What is the primary concern when seeking to enforce a judgment in another state?

Enforceability Signup and view all the answers

The law applicable in cases involving contracts must be determined under the _____ Regulation.

Rome 1 Signup and view all the answers

In what scenario would the Vienna Convention apply?

For international sale of goods agreements Signup and view all the answers

Jurisdictional competence is solely determined by the location of the goods at the time of contract signing.

False Signup and view all the answers

Study Notes

Brussels I Regulation: Exclusive Jurisdiction

Article 24: Outlines exclusive jurisdiction for specific proceedings, regardless of party domicile.
- Immovable Property: Courts of the Member State where property is located. Exceptions for short-term tenancies (max 6 months), where tenant and landlord are domiciled in same Member State.
- Company/Association: Validity of constitution, nullity, dissolution, organ decisions handled by courts of Member State where the company/association is seated. Apply national private international law to determine seat.
- Public Registers: Courts of Member State where register is kept.
- Intellectual Property (IP): Registration or validity of patents, trademarks, etc. handled by courts of the Member State where the deposit/registration occurred (or deemed to have occurred under EU/international conventions). Note: This exclusive jurisdiction only applies to the registration/validity of IP rights, not contractual disputes related to the property. Focus on the subject matter of the claim.
- Enforcement of Judgments: Courts of the Member State where judgment is enforced. Not the court that issued the original judgment. Crucial distinction between enforcement and initial judgment.
Important Considerations:
- Subject Matter: Carefully analyze the specific issue in the dispute to determine relevant exclusive jurisdiction rules.
- IP examples: If a patent or trademark dispute is about contractual breach (e.g., licensee violation), jurisdiction follows defendant's domicile—not the registration location unless it concerns registration or validity of the IP.
- Hierarchical relationship: Exclusive jurisdiction under Art 24 is followed by prorogation of jurisdiction under Art 25 (voluntary agreements). Always identify the core subject matter of the dispute to determine proper jurisdiction.

Brussels I Regulation: Prorogation of Jurisdiction

Article 25 (Recast): Voluntary agreement on jurisdiction.
- Agreement must be in writing, accord with parties' established practice, or, in international trade, accord with widely known & regularly observed customs.
- Agreements about jurisdiction are separate from the substantive contract's validity. A challenge to the main contract does not invalidate a jurisdiction agreement.
- Electronic communications creating a durable record count as "writing".
- Trust instruments conferring jurisdiction are exclusive (unless contrary to other rules).
Article 26 (Tacit Prorogation):
- Defendant's appearance in court, other than to contest jurisdiction, implies consent to that court handling the case (unless exclusive jurisdiction under Art 24 applies) .
- Special consideration when the defendant is a consumer or policyholder; they must be aware of contesting jurisdiction in this situation.

Brussels I Regulation: General Jurisdiction (Article 7 and 8)

Articles 7 and 8: General jurisdiction rules, most common for business-to-business relationships.
Choice of court: The claimant can choose to sue in the defendant's domicile or in the place where a contract's obligation is/should be performed (e.g., sale of goods or services, location of delivery). Specific rules apply for insurance, consumer contracts and employment.
Forum Shopping: The Regulation intends to limit forum shopping, ensuring legal certainty.

Practical Application & Issues

Law Applicable: Consider the applicable law alongside Brussels I. Rome I Regulation (on the law applicable to contractual obligations) may be relevant.
Enforcement: Enforcement of judgments across member states is a crucial aspect.
Client Interests: Advocate for client's best strategic interests, including recognizing potential implications for jurisdiction and applicable law.

Continued from Lecture Notes

Key takeaway: Thoroughly analyze the specific issue. Start with the defendant's domicile as the baseline, then consider the detailed situations covered under exclusive or general jurisdiction rules and their underlying subject matter.

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Description

Test your understanding of Article 24 of the Brussels I Regulation, which outlines exclusive jurisdiction rules for various legal proceedings. This quiz covers aspects related to immovable property, company/association issues, public registers, and intellectual property rights within the framework of EU law.

Topic 7: Brussels I Regulation 2: Exclusive Jurisdiction

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Questions and Answers

Which courts have exclusive jurisdiction over rights in rem in immovable property?

The courts of the Member State can have jurisdiction over tenancies of immovable property for periods exceeding six months.

What term describes the rights we exert over a thing, as opposed to personal rights?

In proceedings concerning the validity of companies, the courts of the Member State where the company has its _____ have jurisdiction.

Match the type of proceeding to the corresponding jurisdiction:

Which of the following correctly describes the requirement for an agreement conferring jurisdiction?

An agreement conferring jurisdiction can be contested simply because the main contract is invalid.

What is the concept referred to as 'personarse' in Spanish?

An agreement conferring jurisdiction must be witnessed in accordance with _______ established between them.

Match the following legal terms to their definitions:

In the context of jurisdiction, what does Article 26 refer to?

Communication through electronic means providing a durable record is not considered equivalent to writing.

What must courts ensure when the defendant is a weaker party, such as a consumer, before assuming jurisdiction?

Jurisdiction derived from an agreement is deemed _______ unless the parties have agreed otherwise.

What consequence arises from the validity of a jurisdiction agreement?

An exclusive jurisdiction clause is automatically null and void if contested.

What is required for a jurisdiction agreement in international trade?

The _______ dimension of the agreement refers to the rights and obligations of the parties involved.

What protects a weaker party in jurisdictional issues according to Brussels law?

Which court has exclusive jurisdiction for proceedings regarding the registration or validity of patents?

In proceedings concerning the enforcement of judgments, the courts of the member state where the judgment was issued have jurisdiction.

What must be determined to decide the competent court regarding patent disputes?

When a court is dealing with a contract involving the licensing of a patent, the competent court is based on the defendant's __________.

Match the following scenarios to the competent court:

What happens in a scenario where a patent is declared null and void?

Voluntary grounds of jurisdiction can be established without any explicit agreement between parties.

Identify the exclusive ground of jurisdiction regardless of the defendant's domicile.

The enforcement of a judgment requires the courts of the Member State where the judgment is __________.

If a company domiciled in Rome breaches a license agreement for a patent registered in Lithuania, where must the patent holder sue?

Proceedings regarding validity of entries in public registers are handled by the courts of the state where the register is kept.

Explain the jurisdiction of courts concerning the validity of European patents.

Match the action type with the appropriate jurisdiction:

Who has the choice of forum when dealing with the domicile of the defendant?

The place of performance of an obligation in a contract can lead to different competent courts depending on whether the obligation is the seller's or buyer's.

What does the Brussels I regulation aim to reduce?

The _____ rule is found in Article 4 regarding the defendant's domicile.

Under Article 7, where can a claimant file a suit in the case of a sale of goods?

The Brussels Regulation identifies specific courts within the territory of a member state.

What must one check first to determine the applicable jurisdiction in a contract dispute under the Brussels regulation?

In consumer contracts, special rules must be followed due to their _____ from the general regime of jurisdiction.

In the event of a discrepancy between national law and Brussels Regulation, which takes precedence?

Match the following articles to their respective principles:

For service contracts, the most relevant place for jurisdiction is typically where the services were provided.

What is the primary concern when seeking to enforce a judgment in another state?

The law applicable in cases involving contracts must be determined under the _____ Regulation.

In what scenario would the Vienna Convention apply?

Jurisdictional competence is solely determined by the location of the goods at the time of contract signing.

Study Notes

Brussels I Regulation: Exclusive Jurisdiction

Brussels I Regulation: Prorogation of Jurisdiction

Brussels I Regulation: General Jurisdiction (Article 7 and 8)

Practical Application & Issues

Continued from Lecture Notes

Studying That Suits You

Description

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