- Court of Justice considers Brussels I and the concept of ‘civil and commercial matters’ and jurisdictional immunity (LG v Rina SpA and Ente Registro Italiano Navale)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The Court of Justice considered a claim against a private entity, acting as required by international law and national legislation, fell within the meaning of ‘civil and commercial matters such that the court could have jurisdiction under Regulation (EC) 44/2001, Brussels I. It was held that neither the regulation, nor customary international law, confer immunity from liability on a private entity in an action for damages for negligence when it carries out specified activities out under a commercial contract but does not have a decision-making power. Written by Joseph Dalby SC, barrister, at 36 Commercial Chambers.
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