Commentary

35 Exclusive jurisdiction

BANKING vol 4(1)
| Commentary

35 Exclusive jurisdiction

| Commentary

35 Exclusive jurisdiction

Article 22 of the Brussels I Regulation provides that the courts of a particular member state are to have exclusive jurisdiction in certain cases: thus, for example, in proceedings which have as their object rights in rem in immovable property the courts of the member state in which the property is situated have exclusive jurisdiction. However, enforcing contracts which relate to property but do not rely upon the application of land law are not within the scope of Article 221 and thus actions by mortgagees are probably not caught by Article 22.

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