MATRIX B1a (jurisdiction)
• Step 1: Is B1a applicable?
o 1) Geographical scope: EU MS?
Link to EU needed but doesn’t need to be domicile
o 2) International element
Between 2 or more EU MSs
Also between one EU MS and one non-MS => just general broad interpretation of int’l element
(Owusu)
Coc-agreement for other MS is enough to meet def. of ‘cross-border litigation’ (Inkreal)
o 3) Civil & commercial matters (art. 1.1 B1a)
No acta iure imperii (public body exercising public powers) (Eurocontrol)
Irrelevant which court
o 4) Exclusions (art. 1 B1a)
Revenue, customs, administrative matters (art. 1.1 B1a)
Status and legal capacity of natural persons (art. 1.1 a) B1a)
Insolvency (art. 1.1 b) B1a)
Social Security (art. 1.1 c) B1a)
Arbitration (art. 1.1 d) B1a)
Maintenance obligations (art. 1.1 e) and f) B1a)
o If B1a =/= applicable => look at residual PIL rules
• Step 2: Exclusive jurisdiction regardless of domicile (art. 24)?
o Trumps 26 & 25 B1a (& PC’s??)
o Interpreted restrictively
o At the same time:
Granting jurisdiction to the courts specified in article 24
Denying jurisdiction to all other courts, even the courts of the State in which the defendant is
domiciled
If parties still go to this court => court that has exclusive jurisdiction must refuse
recognition and enforcement of that judgement
o Reflexive application of art. 24 B1a?
So if exclusive jurisdiction for non-MS court => should EU court relinquish its jurisdiction?
Answer: it’s not compulsory, but it’s possible
, o Types:
1) Rights in rem (zakelijke rechten) and tenancies of immovable property (art. 24.1 B1a)
=> Which court? Courts where this property is located (lex rei sitae)
2) The incorporation of companies and certain other aspects of company law (art. 24.2 B1a)
=> Which court? Courts of place of incorporation
= “where the company has its seat”
Only about life and death of companies, and existence or not of the decisions of
their bodies (Hassett)
3) The validity of entries in public registers (art. 24.3 B1a)
=> Which court? Courts of place of these registers
4) The registration or validity of registered intellectual property rights (art. 24.4 B1a)
=> Which court? Courts of MS in which deposit/registration has been applied for or
has taken place
5) The enforcement of judgments (art. 24.5 B1a)
=> Which court? Courts of MS where judgment has been or is to be enforced
• Step 3: Jurisdiction by appearance (art. 26 B1a)
o Court where defendant voluntarily appears has jurisdiction
Except when art. 24!
PC’s may voluntarily appear (Vienna Insurance Group) however must be warned by judge they
don’t have to
If still enters appearance => art. 26 counts
If doesn’t enter appearance => no art. 26 => go to step 4
o When defendant not domiciled in EU => NO art. 26 possible (see art. 6 B1a)
• Step 4: Protected categories (art. 10-23 B1a)
o Applied restrictively but also with their purpose in mind (counteract position of inequality)
o If non-protected party isn’t domiciled in MS BUT has branch/agency/other establishment in MS =>
deemed to be domiciled in that MS (art. 11.2 jo 17.2 jo 20.2 B1a)
o Relationship w Coc-agreements: may be departed from PC rules by Coc-agreement if conditions in art.
15 (insured), 19 (consumer contracts) or 23 (employment contracts) are met
o Categories:
Insured (art. 10-16 B1a)
Against insurer (art. 11 B1a)
Generally => courts where he is domiciled
Actions brought by policyholder / insured / beneficiary => courts where
claimant is domiciled
Co-insurer => courts where proceedings against leading insurer
Against insured (art. 14 B1a)
Courts of MS of domicile defendant
Consumers (art. 17-19 B1a)
Conditions for applicability consumer contracts:
1) Contract concluded by consumer and that contract is a consumer contract
(Ilsinger)
Dual use? => pers. Invoking protection needs to show business use of
purchase is negligible (Gruber)
2) Fit into categories of 17.1 a)-c) B1a
a) it is a contract for the sale of goods on instalment credit terms
b) it is a contract for a loan repayable by instalments, or for any other
form of credit, made to finance the sale of goods;
c) meet ‘directed at’ criteria in Pammer Alpenhof (§81 & §93), e.g.
- Mention that offering services/goods in one or more MS designated
by name
- Int’l nature of activity
- Mention of routers from other MS to establishment
- Use of language/currency other than generally used in MS of
establishment
• Step 1: Is B1a applicable?
o 1) Geographical scope: EU MS?
Link to EU needed but doesn’t need to be domicile
o 2) International element
Between 2 or more EU MSs
Also between one EU MS and one non-MS => just general broad interpretation of int’l element
(Owusu)
Coc-agreement for other MS is enough to meet def. of ‘cross-border litigation’ (Inkreal)
o 3) Civil & commercial matters (art. 1.1 B1a)
No acta iure imperii (public body exercising public powers) (Eurocontrol)
Irrelevant which court
o 4) Exclusions (art. 1 B1a)
Revenue, customs, administrative matters (art. 1.1 B1a)
Status and legal capacity of natural persons (art. 1.1 a) B1a)
Insolvency (art. 1.1 b) B1a)
Social Security (art. 1.1 c) B1a)
Arbitration (art. 1.1 d) B1a)
Maintenance obligations (art. 1.1 e) and f) B1a)
o If B1a =/= applicable => look at residual PIL rules
• Step 2: Exclusive jurisdiction regardless of domicile (art. 24)?
o Trumps 26 & 25 B1a (& PC’s??)
o Interpreted restrictively
o At the same time:
Granting jurisdiction to the courts specified in article 24
Denying jurisdiction to all other courts, even the courts of the State in which the defendant is
domiciled
If parties still go to this court => court that has exclusive jurisdiction must refuse
recognition and enforcement of that judgement
o Reflexive application of art. 24 B1a?
So if exclusive jurisdiction for non-MS court => should EU court relinquish its jurisdiction?
Answer: it’s not compulsory, but it’s possible
, o Types:
1) Rights in rem (zakelijke rechten) and tenancies of immovable property (art. 24.1 B1a)
=> Which court? Courts where this property is located (lex rei sitae)
2) The incorporation of companies and certain other aspects of company law (art. 24.2 B1a)
=> Which court? Courts of place of incorporation
= “where the company has its seat”
Only about life and death of companies, and existence or not of the decisions of
their bodies (Hassett)
3) The validity of entries in public registers (art. 24.3 B1a)
=> Which court? Courts of place of these registers
4) The registration or validity of registered intellectual property rights (art. 24.4 B1a)
=> Which court? Courts of MS in which deposit/registration has been applied for or
has taken place
5) The enforcement of judgments (art. 24.5 B1a)
=> Which court? Courts of MS where judgment has been or is to be enforced
• Step 3: Jurisdiction by appearance (art. 26 B1a)
o Court where defendant voluntarily appears has jurisdiction
Except when art. 24!
PC’s may voluntarily appear (Vienna Insurance Group) however must be warned by judge they
don’t have to
If still enters appearance => art. 26 counts
If doesn’t enter appearance => no art. 26 => go to step 4
o When defendant not domiciled in EU => NO art. 26 possible (see art. 6 B1a)
• Step 4: Protected categories (art. 10-23 B1a)
o Applied restrictively but also with their purpose in mind (counteract position of inequality)
o If non-protected party isn’t domiciled in MS BUT has branch/agency/other establishment in MS =>
deemed to be domiciled in that MS (art. 11.2 jo 17.2 jo 20.2 B1a)
o Relationship w Coc-agreements: may be departed from PC rules by Coc-agreement if conditions in art.
15 (insured), 19 (consumer contracts) or 23 (employment contracts) are met
o Categories:
Insured (art. 10-16 B1a)
Against insurer (art. 11 B1a)
Generally => courts where he is domiciled
Actions brought by policyholder / insured / beneficiary => courts where
claimant is domiciled
Co-insurer => courts where proceedings against leading insurer
Against insured (art. 14 B1a)
Courts of MS of domicile defendant
Consumers (art. 17-19 B1a)
Conditions for applicability consumer contracts:
1) Contract concluded by consumer and that contract is a consumer contract
(Ilsinger)
Dual use? => pers. Invoking protection needs to show business use of
purchase is negligible (Gruber)
2) Fit into categories of 17.1 a)-c) B1a
a) it is a contract for the sale of goods on instalment credit terms
b) it is a contract for a loan repayable by instalments, or for any other
form of credit, made to finance the sale of goods;
c) meet ‘directed at’ criteria in Pammer Alpenhof (§81 & §93), e.g.
- Mention that offering services/goods in one or more MS designated
by name
- Int’l nature of activity
- Mention of routers from other MS to establishment
- Use of language/currency other than generally used in MS of
establishment
