Q&As

Where goods are sold to an English buyer by sellers who are based in Denmark and Norway and delivered to them in Belgium but paid for in euro via an Irish bank account would it be open to the sellers to bring proceedings within England and Wales on the basis of the buyer being domiciled in England? Article 4 of Regulation (EU) 1215/2012, the Brussels Regulations (recast) would seem to apply?

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Published on LexisPSL on 15/05/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Where goods are sold to an English buyer by sellers who are based in Denmark and Norway and delivered to them in Belgium but paid for in euro via an Irish bank account would it be open to the sellers to bring proceedings within England and Wales on the basis of the buyer being domiciled in England? Article 4 of Regulation (EU) 1215/2012, the Brussels Regulations (recast) would seem to apply?

Where goods are sold to an English buyer by sellers who are based in Denmark and Norway and delivered to them in Belgium but paid for in euro via an Irish bank account would it be open to the sellers to bring proceedings within England and Wales on the basis of the buyer being domiciled in England? Article 4 of Regulation (EU) 1215/2012, the Brussels Regulations (recast) would seem to apply?

The Regulation (EU) 1215/2012, Brussels I (recast) and the Lugano Convention each provide for territorial scope based on the same criteria but it is not easy to determine which applies in a dispute. The regimes apply as follows:

CountryJurisdictional regime 1Jurisdictional regime 2Jurisdictional regime 3
DenmarkEC– Denmark Agreement implements Regulation (EU) 1215/2012, Brussels I (recast) between Demark and EU Member statesLugano Convention
NorwayLugano Convention
UKRegulation(EU) 1215/2012, Brussels I (recast)EC—Denmark AgreementLugano Convention

See also Practice Note: Jurisdiction

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