Brussels I—multiple defendants (art 6) [Archived]
Brussels I—multiple defendants (art 6) [Archived]

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Brussels I—multiple defendants (art 6) [Archived]
  • Relevant provisions in Brussels I
  • Two specific requirements under art 6(1)
  • Domicile requirement (anchor defendant)
  • What is the test for ‘so closely connected’?
  • Irreconcilable judgments
  • Applying the 'closely connected' and 'irreconcilable judgments' requirements
  • Discontinuance of a claim against the anchor defendant
  • Patent claims

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the jurisdiction of the court when dealing with multiple defendants. Article 6 of Brussels I provides the courts of a Member State with special jurisdiction to hear a dispute when the defendant is not domiciled in the jurisdiction if certain criteria are meet. It considers the various criteria and how the courts have applied them in practice. In particular, it considers the meaning of ‘anchor defendants’ and ’irreconcilable judgments’.

Note: since 10 January 2015 Brussels I has been repealed in its entirety and replaced by Brussels I (recast). However, transitional arrangements have been put in place. For information on those arrangements and whether Brussels I provisions still apply to the matter you are dealing with, see Practice Note: Brussels I (recast)—application and exclusions.

If Brussels I (recast) applies, see Practice Note: Brussels I (recast)—multiple defendants (art 8). Note that the equivalent provision is set out in art 8 and the contents of the article itself were not amended although the relevant recital for multiple defendants was amended (recital 16 ).

Relevant provisions in Brussels I

Article 6 and