Podcast
Questions and Answers
Which court will decide the case on the merit when the Italian company brings a defensive action against Zara for patent non-infringement?
Which court will decide the case on the merit when the Italian company brings a defensive action against Zara for patent non-infringement?
The default judgment against John in France is recognizable in Italy through the Brussels I Recast Regulation.
The default judgment against John in France is recognizable in Italy through the Brussels I Recast Regulation.
False
What happens when Peter sues Beth before the Spanish court?
What happens when Peter sues Beth before the Spanish court?
The Spanish court decides the case on the merit.
Xavier did not challenge the French jurisdiction during the proceedings, thus the French court assumed jurisdiction based on the mistaken view that the contract was to be performed in ______.
Xavier did not challenge the French jurisdiction during the proceedings, thus the French court assumed jurisdiction based on the mistaken view that the contract was to be performed in ______.
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Match the scenarios with their outcomes:
Match the scenarios with their outcomes:
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What does an exclusive choice of court agreement designating only the courts in Paris imply?
What does an exclusive choice of court agreement designating only the courts in Paris imply?
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Anna is correct in asserting that the choice of court agreement is not covered by the 2005 Hague Convention.
Anna is correct in asserting that the choice of court agreement is not covered by the 2005 Hague Convention.
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What amount did John sue Mary for in Singapore?
What amount did John sue Mary for in Singapore?
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The enforcement of judicial settlements in Germany would be covered by the 2005 _____ Convention on Choice of court agreements.
The enforcement of judicial settlements in Germany would be covered by the 2005 _____ Convention on Choice of court agreements.
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Under CILFIT guidelines, when is a reference not necessary?
Under CILFIT guidelines, when is a reference not necessary?
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According to the clause in A and B's contract, which court has jurisdiction?
According to the clause in A and B's contract, which court has jurisdiction?
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The working language of the CJEU is German.
The working language of the CJEU is German.
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Zara's agreement with Italy s.p.a. allows manufacturing and selling shoes only in Italy and Slovenia.
Zara's agreement with Italy s.p.a. allows manufacturing and selling shoes only in Italy and Slovenia.
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What are two main aims of the preliminary ruling?
What are two main aims of the preliminary ruling?
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The 2005 Hague Convention applies to exclusive choice of court agreements only when the parties are not residents of the same ___.
The 2005 Hague Convention applies to exclusive choice of court agreements only when the parties are not residents of the same ___.
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Who is domiciled in Hamburg in the contract between A and B?
Who is domiciled in Hamburg in the contract between A and B?
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Which country has signed but not ratified the 2005 Hague Convention?
Which country has signed but not ratified the 2005 Hague Convention?
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Match the party involved in each scenario with their location:
Match the party involved in each scenario with their location:
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A valid choice of forum agreement is less important in international scenarios.
A valid choice of forum agreement is less important in international scenarios.
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Match the following contracting states of the 2005 Hague Convention with their status:
Match the following contracting states of the 2005 Hague Convention with their status:
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According to Clause No 3 of the contract, the jurisdiction to settle disputes for A and Company B in New York means Article 25 Brussels I Recast ___ apply.
According to Clause No 3 of the contract, the jurisdiction to settle disputes for A and Company B in New York means Article 25 Brussels I Recast ___ apply.
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Third Party Funding is allowed in Ireland.
Third Party Funding is allowed in Ireland.
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What is Litigation Funding?
What is Litigation Funding?
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Which courts have jurisdiction over a case involving Rolf's injury to Pedro?
Which courts have jurisdiction over a case involving Rolf's injury to Pedro?
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According to Article 7 (1) Brussels I Recast Regulation, Mario can be sued in Madrid if it is the agreed place of ______.
According to Article 7 (1) Brussels I Recast Regulation, Mario can be sued in Madrid if it is the agreed place of ______.
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Which of the following is a function of the Court of Justice of the European Union?
Which of the following is a function of the Court of Justice of the European Union?
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The Brussels I Recast Regulation is still applicable in the United Kingdom.
The Brussels I Recast Regulation is still applicable in the United Kingdom.
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Match the following articles with their relevance:
Match the following articles with their relevance:
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What is the meaning of a court against whose decision there is no judicial guidance under national law?
What is the meaning of a court against whose decision there is no judicial guidance under national law?
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Study Notes
International Litigation Questions and Answers
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Third-Party Funding: Not allowed in Ireland. Legal aid is not synonymous with third-party funding. Litigation funding is the financing of a party's litigation by a third party in return for a percentage of any benefits received.
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Jurisdiction: In the case of Rolf (German) injuring Pedro (Spanish) in Paris, the German courts (Rolf's domicile) and Parisian courts (where the harm occurred) have jurisdiction. Article 4 of the Brussels I Recast Regulation states that a person domiciled in a member state can be sued in the courts of that Member State.
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Brussels I Recast Regulation: Article 7(1) states that Mario (domiciled in New York) cannot be sued in Madrid (performance of a contract) if it is not the agreed place of performance, however, if Mario were domiciled in Paris he can be sued in Madrid. This Regulation is not applicable to the U.K.
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EU Law Interpretation: The Court of Justice of the European Union (CJEU) interprets EU law and validity of EU acts. The procedure for a preliminary reference is found in Article 267 TFUE.
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Preliminary Rulings: Domestic courts inquire about EU law interpretation. A court with no further appeal under national law falls under this category. The CJEU can decline to answer if the question is not a genuine dispute or purely hypothetical, or if national proceedings have ended.
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Preliminary Procedure vs. Appeal: The preliminary reference is decided by the national court before the final judgement. The CILFIT guidelines refer to circumstances when a reference to the CJEU may not be necessary if the answer to the EU law issue is obvious (acte clair) or has been previously answered.
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Hague Convention: The 2005 Hague Convention applies to exclusive choice of court agreements when the parties involved are not residents of the same country. Jurisdiction in these cases is determined by the agreement, irrespective of the parties' residence. The USA has signed, but not ratified the 2005 Hague Convention.
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Choice of Court Agreements: The 2005 Hague Convention clarifies jurisdiction when parties have exclusive choice-of-court agreements in civil or commercial matters.
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Contractual Jurisdiction: Article 25 of the Brussels I Recast Regulation regulates when courts specified in a contract are applicable regarding disputes arising out of that contract.
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Enforcement of Judgments: The 2005 Hague Convention may cover enforcement of settlements (agreements) in a different contracting state than where the settlement was made.
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Jurisdiction Issues in Specific Scenarios: Multiple examples of specific scenarios involving disputes and the application of EU law principles (e.g., contracts, patents, breach of agreement). These illustrate the nuanced application of the principles based on individual circumstances and details.
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Description
Test your knowledge on international litigation principles and regulations, including jurisdiction rules and the Brussels I Recast Regulation. This quiz covers scenarios involving different nationalities and legal interpretations in Europe. Perfect for law students and professionals engaging with cross-border legal issues.
