Brussels I (recast)—(art 7(2))
Brussels I (recast)—(art 7(2))

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

  • Brussels I (recast)—(art 7(2))
  • Authorities
  • Requirement for a harmful event
  • Economic loss—where does the harmful event have to occur?—art 7(2)
  • Damaged or defective goods—where does the harmful event have to occur?—art 7(2)
  • IP claims—where does the harmful event have to occur?—art 7(2)
  • Personal injury claims—where does the harmful event have to occur?—art 7(2)
  • Actions for inducing breach of contract——where does the harmful event have to occur?—art 7(2)
  • Other types of claims—where does the harmful event have to occur?—art 7(2)

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit—jurisdiction. For links to relevant guidance on the effect of the UK leaving the EU without a deal when dealing with matters of jurisdiction, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

This Practice Note considers the requirement for a harmful event to enable a court to have special jurisdiction under Article 7(2) of Regulation 1215/2012, Brussels I (recast). It then considers what is a harmful event when considering specific types of claims: economic loss, damaged or defective goods, personal injury claims, intellectual property claims, actions for inducing breach of contract as well as other types of claims.

For guidance on the general principles that apply when dealing with tort and delict claims under the regulation, see Practice Note: Brussels I (recast)—tort and delict claims (art 7(2)).

For guidance when dealing with contract claims under the regulation, see Practice Note: Brussels I (recast)—contract claims (Art 7(1)).

Authorities

Authorities for the construction and application of the wording in Article 7(2) of Regulation (EU) 1215/2012, Brussels I (recast) which were decided either under Brussels I or the Brussels Convention will be applicable and are