Table of Articles

Council Regulation (EC) No 44/2001
of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

Chapter II - Jurisdiction
Section 2: Special jurisdiction

Art. 5(1)

Court for the place of performance of the contractual obligation - Various places of performance in a Member State - Claim based on a general obligation concerning all deliveries to all places of performance - Possibility of suing the seller, at the claimant's choice, before the court of any one of the places of performance - Request for interpretation - N° 2006/9

Art. 5(3)

Matters relating to tort, delict or quasi-delict - Concept - Autonomous interpretation - Action for an injunction to prevent the defendant, in the future, from interfering with the property of the claimant other than by dispossession or retention - Interference consisting of claiming to be the owner of a painting - Included - Interference by way of statements addressed to a publishing house with its seat in Germany - Jurisdiction of the German court - N° 2006/25
Matters relating to tort, delict or quasi-delict - Concept - Autonomous interpretation - Claim for damages for negligence and breach of duty brought by the purchaser of goods against the seller and the manufacturer - Action against the seller excluded - Action founded on a contractual relationship - N° 2006/37
Matters relating to tort, delict or quasi-delict - Power of the court seised to take into consideration, for the purposes of ascertaining the competent court, the obstacle to seising the courts of the domicile of the defendant resulting from the fact that the action is time-barred - No such power - N° 2006/37

Art. 6(1)

Multiplicity of defendants – Jurisdiction of the courts for the place where one of the co-defendants is domiciled – Action brought in a Contracting State against a person domiciled in that State and a co-defendant domiciled in another Contracting State – Inadmissibility of action brought against the person domiciled in the first Contracting State for reasons of national law (initiation of bankruptcy proceedings) – Effect on the jurisdiction of the court seised with regard to the co-defendant – Request for interpretation - N° 2005/12
More than one defendant - Action brought against a defendant domiciled in the Member State in which proceedings were brought and a co-defendant domiciled in another Member State which is inadmissible against the first defendant under national provisions - No effect on the right to rely on Article 6(1) of the regulation - N° 2006/8
More than one defendant - Jurisdiction of the court where any one of the co-defendants is domiciled - Conditions - Connection - Claims having the same legal basis - Claims seeking to obtain the payment of a commission in connection with the construction of a shopping centre project on a site in Sweden - Undertaking to pay the commission given by a company whose seat is in the United Kingdom and providing for payment by "the company owning the site" - Site owned by a joint-stock company whose seat is in Sweden and forming part of the same group of undertakings - Company which gave the undertaking not authorised to represent the company owning the site - Contractual nature of the claim brought against the first company - Claim against the company owning the site characterised as contractual - Request for interpretation - N° 2006/10
More than one defendant - Jurisdiction of the court where any one of the co-defendants is domiciled - Implied condition aimed at precluding jurisdiction where an action is brought against a defendant domiciled in the same State as the court seised for the sole purpose of suing another defendant before a court other than that which would normally have jurisdiction - Request for interpretation - N° 2006/10
More than one defendant - Jurisdiction of the court where any one of the co-defendants is domiciled - Conditions - Connection - Assessment - Effect of the likelihood of success of an action against the defendant domiciled in the State of the court seised - Request for interpretation - N° 2006/10


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