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In brief: CJEU considers jurisdiction and purely financial damage (Universal Music v Schilling)

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Published on: 23 June 2016

Published by a LexisNexis Dispute Resolution expert

Table of contents

Facts
Opinion of the Advocate General
Decision of the CJEU

Article summary

Dispute Resolution analysis: The Court of Justice of the European Union (CJEU) held that article 5(3) of Regulation No 44/2001 (Brussels I), which deals with tort claims, must be interpreted to mean that the place where the harmful event occurred is not the place where the damage occurred if the damage is exclusively financial damage directly in the applicant’s bank account and is a direct result of an unlawful act committed in another Member State. If there are other connecting factors, as there were in Kolassa, they may be sufficient to attribute jurisdiction to the courts of the place where the financial damage occurred.

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