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

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

Catchwords

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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