- Court of Appeal refers the question of whether Article 4(1) of the Brussels I (recast) gives rise to directly enforceable rights (Gray v Hurley)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: Article 4(1) of the Regulation (EU) 1215/2012, Brussels I (recast) provides that ‘subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State’. The Court of Appeal has referred the question of whether this article confers a directly enforceable right upon a person domiciled in a Member State. If it does, the Court of Appeal asks whether, if such right is breached, a Member State is obliged to provide a remedy by the grant of an anti-suit injunction (ASI) or otherwise, including in a case where the cause of action available in the third state is not available in the courts of the Member State. Written by Hafsa Zayyan, associate, at Quinn Emanuel Urquhart & Sullivan LLP.
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