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

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

  • Brussels I (recast)—contract claims (Art 7(1))
  • Impact of UK’s departure from the EU
  • Special jurisdiction
  • Requirement under Art 7(1)—need for an obligation
  • Test to apply—good arguable case
  • What are 'matters relating to contract' for the purposes of Art 7(1)?
  • Relationship between Article 7(1) and Article 7(2) when dealing with tort claims
  • Approach to determining the place of performance of the obligation
  • Place of performance of the obligation—sale of goods (Brussels I (recast), Art 7(1)(b))
  • Place of performance of the obligation—provision of service contracts (Brussels I (recast), Art 7(1)(b))
  • More...

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

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 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 Court of Justice’s interpretation of Article 5 of Regulation (EC) 44/2001, Brussels I should be observed when considering the interpretation 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 provides that:

‘Continuity between the 1968 Brussels Convention, Regulation (EC) No 44/2001 and this Regulation should be ensured, and transitional provisions should be laid down to that end. The same need for continuity applies as regards the interpretation by the Court of Justice of the European Union of the 1968 Brussels Convention and of the Regulations replacing it.’

This was also set out by the Court of Justice in Hellenische Republik

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