Legal News

CJEU opinion: declining jurisdiction and the impact of the Judgments Regulation (Gothaer v Samskip)

CJEU opinion: declining jurisdiction and the impact of the Judgments Regulation (Gothaer v Samskip)
Published on: 13 September 2012
Published by: LexisPSL
  • CJEU opinion: declining jurisdiction and the impact of the Judgments Regulation (Gothaer v Samskip)
  • Practical implications
  • Court
  • Facts
  • Judgment
  • Definition of a judgment
  • Grounds v operative part of judgment

Article summary

An CJEU opinion given by Attorney General Bot has interpreted the word ‘judgment’, as set out in art 32 of the Judgments Regulation, so as to include a judgment as to whether the court has jurisdiction in the proceedings. In addition, where a court declines jurisdiction that judgment is binding on the courts of other Member States regardless of whether it is regarded as res judicata. This is so unless art 35(3) of the regulation applies and authorises the court to review the jurisdiction of the court of the Member State of origin. or take a trial to read the full analysis.

Popular documents