BRUSSELS I-bis Hague Choice of Court Rome I (contractual char) Rome II (non-contractual VCLT/CISG
REGULATION Convention 2005 char)
Scope Substantive: Art 1 → civil Substantive: Art 3(a): Substantive: Art 1 Substantive: Art 1 Substantive: Art 1-5
& commercial matter ‘exclusive of court (international contractual (non-contractual obligation (commercial sales of
Alternative Rules: Art 7-9 agreement’ obligations in civil and in civil & commercial movable goods between
Art 7: a person domiciled matters); Art 2 (damage companies with place of
commercial matters)
in a MS may be sued in arising out of tort/delict,
Exclusion in 1(2): ex. business in different
unjust enrichment,
another MS Public law, tax, customs, States)
negotiorum gestio or culpa
pre-contractual liability in contrahendo) Excluded: consumer
(culpa in contrahendo), sales, auction, execution
arbitration agreements & sales, stocks, shares,
choice of court agreements, ships, aircrafts,
corporate issues electricity,
(predominantly) supply
of services, validity of
contract or property
aspects, death/injury
due to product liability
If unclear
characterisation (e.g.
sale & element of other
contract) → balance
obligations to define
preponderant scope of
contract
Geographical: Art 4-6; Geographical: Geographical: Art 2: Geographical: Art 3 Geographical: Art 1(1)
Art 62 (natural persons) & Art 1(1) - international universal (no geographical (universal character – all MS both parties place of
63 (legal persons): if case requirement) excluding Denmark ) business in CS (=direct
defendant domicile in Art 3(a) - court chosen ‘Any law specified by this application) & Art 10
EU-MS is from contracting state Regulation shall be applied place of business:
Exceptions:
Art 18 & 21 (universal:
, choice of court – employer whether or not it is the law More than one place of
& consumer contract) of a MS’ business → with closest
Art 24 & 25 (exclusive relation to
jurisdiction + immovable
contract/performance
property(different));
No place of business:
OR habitual residence (Art
For recognition & 10(b))
enforcement OR
Art 36 & 39: reciprocity When PIL rules (= COL
rules, e.g. Rome I) refer
to law of CS (=indirect
application)
Temporal: Temporal: Art 16 (after Temporal: Temporal: Art 31-32 (after Temporal: Art 99-100
Art 66 and 81 – 10 January entry into force – 2005) Art 28: Regulation applies 11 Jan 2009) (contracts concluded
2015 to contracts concluded after after CISG entered into
17 December 2009
force in the relevant
(Croatia - contracts
countries)
concluded after 1 July
2013)
Contracts concluded before
that date: Rome Convention
Application Consumer contract - Recognition &
contractual complaint enforcement
Art 18(1): consumer may Art 8 (decision based
bring proceedings in the upon exclusive
courts of MS in which the jurisdiction clause is
other party is domiciled enforceable)
Art 18(2) - proceedings Art 9 (refusal grounds)
against the consumer can Art 11 (punitive
be brought by the other damages may be
refused/limited)
party only in the courts of
Art 13 (established the
MS where consumer is docs that have to be
domiciled produced)
, Art 14 (procedure →
according to national law
– national exequatur
procedure )
Consumer contract - Choice of court clause Choice of law - contracts Choice of law – TORTS Contractual obligation
contractual complaint Art 3(a): “exclusive Art 3: freedom of choice Non-contractual claim Art 10: if the party has
Art 17(1): natural person v. choice of court (1)choice of law can be Art 4: general rule – where more than one place of
company/professional agreement” expressly made or damage occurred business (closest
(protection of consumer) implied but it has to be (territorial principle)
Art 3(b): choice of court relationship to the
a clear choice 1. Law of the country in
(a)Sale of goods agreement designates contract) > this where
(2) At any time agree to which the damage
installment credit terms court (or more) of a CS subject the contract occurs, irrespective of the contract (place of
(b)Loan repayable by shall be exclusive unless under different law if the country in which the business) is occurring
installments/any form of stated otherwise not adversely affect event giving rise to the
credit to finance a sales of Art 3(c): exclusive third parties damage occurred or
goods choice of court must be (3)Where all other indirect consequences
(c)Other contracts when elements relevant at the happened
concluded or
time of choice are 2. Person claimed to be
company pursues activities documented (i) in located in country not liable and the victim
in MS consumer or directed writing (ii) any other determined by the same HR when damage
activities to MS means of communication choice of law, that occurred – law of that
consumer/several MS and that can be accessed later country’s laws can be country applies
contract falls within scope Art 5: jurisdiction of the used 3. Close connection
of activity chosen court (4) Where all other
elements relevant at Art 5: product liability -
the time of choice damages caused by the
are located in 1< product (not to the product)
countries, 1. Common HR (Art4(2))
Community law A) HR victim if
can be applied product was
(5) Existence & marketed there
validity of the B) Product was
consent for choice acquired if it was
in accordance with marketed there
Art 10,11&13 C) Damage occurred if
Art 4: general rule; product was
a) A contract for the marketed there
sale of goods shall 2. Manifestly more
REGULATION Convention 2005 char)
Scope Substantive: Art 1 → civil Substantive: Art 3(a): Substantive: Art 1 Substantive: Art 1 Substantive: Art 1-5
& commercial matter ‘exclusive of court (international contractual (non-contractual obligation (commercial sales of
Alternative Rules: Art 7-9 agreement’ obligations in civil and in civil & commercial movable goods between
Art 7: a person domiciled matters); Art 2 (damage companies with place of
commercial matters)
in a MS may be sued in arising out of tort/delict,
Exclusion in 1(2): ex. business in different
unjust enrichment,
another MS Public law, tax, customs, States)
negotiorum gestio or culpa
pre-contractual liability in contrahendo) Excluded: consumer
(culpa in contrahendo), sales, auction, execution
arbitration agreements & sales, stocks, shares,
choice of court agreements, ships, aircrafts,
corporate issues electricity,
(predominantly) supply
of services, validity of
contract or property
aspects, death/injury
due to product liability
If unclear
characterisation (e.g.
sale & element of other
contract) → balance
obligations to define
preponderant scope of
contract
Geographical: Art 4-6; Geographical: Geographical: Art 2: Geographical: Art 3 Geographical: Art 1(1)
Art 62 (natural persons) & Art 1(1) - international universal (no geographical (universal character – all MS both parties place of
63 (legal persons): if case requirement) excluding Denmark ) business in CS (=direct
defendant domicile in Art 3(a) - court chosen ‘Any law specified by this application) & Art 10
EU-MS is from contracting state Regulation shall be applied place of business:
Exceptions:
Art 18 & 21 (universal:
, choice of court – employer whether or not it is the law More than one place of
& consumer contract) of a MS’ business → with closest
Art 24 & 25 (exclusive relation to
jurisdiction + immovable
contract/performance
property(different));
No place of business:
OR habitual residence (Art
For recognition & 10(b))
enforcement OR
Art 36 & 39: reciprocity When PIL rules (= COL
rules, e.g. Rome I) refer
to law of CS (=indirect
application)
Temporal: Temporal: Art 16 (after Temporal: Temporal: Art 31-32 (after Temporal: Art 99-100
Art 66 and 81 – 10 January entry into force – 2005) Art 28: Regulation applies 11 Jan 2009) (contracts concluded
2015 to contracts concluded after after CISG entered into
17 December 2009
force in the relevant
(Croatia - contracts
countries)
concluded after 1 July
2013)
Contracts concluded before
that date: Rome Convention
Application Consumer contract - Recognition &
contractual complaint enforcement
Art 18(1): consumer may Art 8 (decision based
bring proceedings in the upon exclusive
courts of MS in which the jurisdiction clause is
other party is domiciled enforceable)
Art 18(2) - proceedings Art 9 (refusal grounds)
against the consumer can Art 11 (punitive
be brought by the other damages may be
refused/limited)
party only in the courts of
Art 13 (established the
MS where consumer is docs that have to be
domiciled produced)
, Art 14 (procedure →
according to national law
– national exequatur
procedure )
Consumer contract - Choice of court clause Choice of law - contracts Choice of law – TORTS Contractual obligation
contractual complaint Art 3(a): “exclusive Art 3: freedom of choice Non-contractual claim Art 10: if the party has
Art 17(1): natural person v. choice of court (1)choice of law can be Art 4: general rule – where more than one place of
company/professional agreement” expressly made or damage occurred business (closest
(protection of consumer) implied but it has to be (territorial principle)
Art 3(b): choice of court relationship to the
a clear choice 1. Law of the country in
(a)Sale of goods agreement designates contract) > this where
(2) At any time agree to which the damage
installment credit terms court (or more) of a CS subject the contract occurs, irrespective of the contract (place of
(b)Loan repayable by shall be exclusive unless under different law if the country in which the business) is occurring
installments/any form of stated otherwise not adversely affect event giving rise to the
credit to finance a sales of Art 3(c): exclusive third parties damage occurred or
goods choice of court must be (3)Where all other indirect consequences
(c)Other contracts when elements relevant at the happened
concluded or
time of choice are 2. Person claimed to be
company pursues activities documented (i) in located in country not liable and the victim
in MS consumer or directed writing (ii) any other determined by the same HR when damage
activities to MS means of communication choice of law, that occurred – law of that
consumer/several MS and that can be accessed later country’s laws can be country applies
contract falls within scope Art 5: jurisdiction of the used 3. Close connection
of activity chosen court (4) Where all other
elements relevant at Art 5: product liability -
the time of choice damages caused by the
are located in 1< product (not to the product)
countries, 1. Common HR (Art4(2))
Community law A) HR victim if
can be applied product was
(5) Existence & marketed there
validity of the B) Product was
consent for choice acquired if it was
in accordance with marketed there
Art 10,11&13 C) Damage occurred if
Art 4: general rule; product was
a) A contract for the marketed there
sale of goods shall 2. Manifestly more
