Brussels I (recast)—contract claims (Art 7(1))
Brussels I (recast)—contract claims (Art 7(1))

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

  • Brussels I (recast)—contract claims (Art 7(1))
  • Special jurisdiction
  • Jurisdiction under Brussels I (recast)
  • The test to be applied to rely on Brussels I (recast), Art 7(1)
  • Requirements of the contract (Brussels I (recast) Art 7(1))
  • Matters relating to contract
  • Place of performance—sale of goods (Brussels I (recast), Art 7(1)(b))
  • Place of performance—provision of service contracts (Brussels I (recast), Art 7(1)(b))
  • Place of performance—distinguishing 'sale of goods' and 'provision of services' contracts
  • Place of performance—other types of contracts (Brussels I (recast), Art 7(1)(a))
  • more

This Practice Note explains how contract claims are dealt with under Article 7(1) of Regulation (EU) 1215/2012, Brussels I (recast). It considers the connecting factors required, the characteristics of the contract in terms of obligations, the place of performance and place of delivery. It also distinguishes between sale of goods and provision of services contracts.

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.

The provisions dealing with contract claims are set out in Article 7 of Regulation (EU) 1215/2012, Brussels I (recast), previously Article 5 of Regulation (EC) 44/2001, Brussels I. The recast of the regulation resulted in some changes to the provisions, but the case law on Article 5 of Regulation (EC) 44/2001, Brussels I continues to inform the meaning of Article 7 of Regulation (EU) 1215/2012, Brussels I (recast) and its application. This can be seen from recital 34, of Regulation (EU) 1215/2012, Brussels I (recast) which emphasises a need for continuity. It