Source: All England Reporter
Publisher Citation: [2002] All ER (D) 89 (Sep)
Court: Court of Justice of the European Communities

Judges Rodriguez Iglesias (President), Colneric, von Bahr (Presidents of Chambers), Gulmann, Edward, La Pergola, Puissochet, Wathelet, Schintgen, Cunha Rodrigues (Rapporteur) and Timmermans

Judgment Dates: 17 September 2002


European Community - Jurisdiction - Civil and commercial matters - Pre-contractual dispute - Dispute arising before parties freely entering into obligations with each other - Whether dispute falling within scope of matters relating to tort, delict or quasi-delict - Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, art 5(1), (3).

The Case

In circumstances relating to a pre-contractual dispute, which were characterised by the absence of any obligation freely entered into by the parties to negotiations and by the possible breach of rules of law, in particular a duty to negotiate in good faith, an action founded on the pre-contractual liability of the defendant was a matter relating to tort, delict or quasi-delict for the purposes of art5(3) of the Brussels Convention, and not to art5(1).

Practice Areas

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