Source: All England Reporter
Publisher Citation: [2012] All ER (D) 13 (Dec)
Court: Court of Justice of the European Union (First Chamber)

Judges Tizzano (President), Borg-Barthet, Kasel, Safjan (Rapporteur) and Berger

Judgment Dates: 25 October 2012


European Union - Jurisdiction - Enforcement of judgments - Swiss company sued in Italy - Whether in action for a negative declaration, seeking to establish absence of liability in tort, courts of place where harmful event occurring or might occur usually most appropriate for deciding case - Council Regulation (EC) 44/2001, art 5(3).

The Case

European Union Jurisdiction. The Court of Justice of the European Union ruled that point (3) of art 5 of Council Regulation (EC) 44-2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) should be interpreted as meaning that an action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict fell within the scope of that provision.

Practice Areas

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