Table of Articles
Brussels
Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters
Title I
- Scope
Art. 1
Civil and commercial matters - Matters relating to maintenance - Decisions rendered in divorce proceedings ordering payment of a lump sum and transfer of ownership in certain property - Included - Conditions -
N° 1997/5
Civil and commercial matters - Exclusion of administrative matters - Public works contract - Accident caused by one of the subcontractors - Expert’s report ordered by the administrative tribunal for the place of the accident - Action capable of being connected to the decision of a public authority acting in the exercice of its public powers - Inclusion within the scope of the Convention -
N° 2000/27
Civil and commercial matters - Action for restitution of assets lodged in England by Danish companies - Defendant domiciled in United Kingdom engaged in asset stripping of plaintiffs companies - Action financed by Danish tax authorities - Indirect enforcement of foreign tax legislation - “Tax matters” excluded from the scope of application of the Convention -
N° 2000/37
Civil and commercial matters - Dispute concerning a claim for recovery under the general law on social assistance of a Contracting State - Inclusion - Request for interpretation -
N° 2001/6
Action founded on a private law contract of suretyship between the State and an insurance company concluded pursuant to a condition imposed by the State by virtue of Article 6(1) of the TIR Convention - Civil and commercial matters within the meaning of the first paragraph of Article 1 of the Brussels Convention - Request for interpretation -
N° 2001/11
Civil and commercial matters -
Magistrates’ court
order confiscating goods following an action for patent infringement - Appeal to a Crown Court - Inclusion within the scope of the Convention -
N° 2001/37
Civil and commercial matters - Definition - Claim for payment of the income and profits of undivided property ancillary to a realisation and distribution procedure in a succession - Exclusion -
N° 2001/49
Civil and commercial matters - Prorogation of jurisdiction - Jurisdiction clause - Effects - Effects on a third party of a jurisdiction clause - Assessed according to the applicable law - Inapplicability of the Convention -
N° 2002/36
Civil and commercial matters - Meaning - Action under a right of recourse brought by public body for recovery from a person governed by private law of sums paid by it by way of social assistance to the divorced spouse and child of that person - Included - Exception - Action founded on provisions conferring on the public body a prerogative of its own -
N° 2003/3
Civil and commercial matters - Meaning - Action brought by the State seeking the enforcement of a guarantee contract concluded in order to satisfy a condition imposed on a third party contractor - Included - Conditions - Meaning of "customs matters" - Action brought by the State seeking enforcement of a guarantee contract intended to guarantee the payment of a customs debt - Excluded - Criteria -
N° 2003/6
Civil and commercial matters - Definition of 'civil and commercial matters' - Action brought by a guarantor against the principal debtor by way of legal subrogation in the context of a contract of guarantee - Included -
N° 2004/4
Civil and commercial matters - Maintenance obligations - Decision ordering payment of a lump sum in the context of divorce proceedings - Included -
N° 2004/37
Art. 1, para. 1
Civil and commercial matters - Concept of 'civil matters' - Claim brought before a criminal court for compensation for loss caused to an individual by a person committing a criminal offence - Claim brought against a state-school teacher who has failed to fulfil his duty of supervision vis-à-vis his pupils - Included -
N° 1993/2
Civil an commercial matters - Concept of 'civil matters' - Claim brought before a criminal court for compensation for loss caused to an individual by a person committing a criminal offence - Claim brought against a state-school teacher who has failed to fulfil his duty of supervision vis-à-vis his pupils - Included - Judgment on the costs in favour of the individual having brought the claim for compensation - Included -
N° 1993/38
Civil and commercial matters – Action brought by the victims of war massacres, capable of being considered to be crimes against humanity, against a Contracting State considered liable under civil law for the acts or omissions of its armed forces in wartime – Inclusion – Request for interpretation – Compatibility with the system of the Convention of a possible immunity from jurisdiction capable of being raised in relation to these matters by the defendant State and neutralising the applicability of the Convention – Request for interpretatione -
N° 2005/13
Civil and commercial matters – Greek decision ordering the Federal Republic of Germany to pay compensation for damage suffered by civilian population as a result of the acts of the German occupying forces in 1944 in Greece – Excluded -
N° 2005/24
Civil and commercial matters – Claim for compensation for harm suffered by the civil population as a result of the acts of German occupying forces – Claims brought by a public authority against a private individual on the basis of an act of public power – Claim cannot be classified as an action for civil liability – Convention not applicable -
N° 2005/41
Civil and commercial matters - Concept of "civil matters" - Action under a right of recourse brought by a public body seeking to recover from a person governed by private law sums paid by it by way of social assistance to the divorced spouse and the child of that person - Included - Conditions - Need for the basis and the detailed rules relating to the bringing of that action to be governed by the rules of ordinary law in regard to maintenance obligations - Action under a right of recourse based on general social assistance law in the Netherlands - Basis other than ordinary law in regard to maintenance obligations - Excluded -
N° 2006/14
Civil and commercial matters - Concept of "civil and commercial matters" - Action brought by the State for the enforcement of a guarantee contract and a joint debtor contract entered into in order to satisfy a condition imposed by a third party contractor - Included - Conditions - Concept of "customs matters" - Action brought by the State for the enforcement of a guarantee contract regarding payment of a customs debt - Excluded - Criteria -
N° 2006/16
Civil and commercial matters - Meaning of ‘civil and commercial matters’ - Action for compensation brought in a Contracting State, by the successors of victims of war massacres, against another Contracting State on account of acts perpetrated by its armed forces - Excluded
-
N° 2007/2
Civil and commercial matters – Maintenance obligations – Order to make provision for the needs of one party having regard to the resources of the other – Included – Division of assets in the context of proceedings concerning the status of a person – Excluded – Award in the form of periodic maintenance payments, a lump sum, or the transfer of ownership of movable or immovable property – No effect
-
N° 2008/40
Civil and commercial matters – Order relating to maintenance obligations ancillary to divorce proceedings excluded by virtue of its subject-matter – Ancillary order included
-
N° 2008/40
Art. 1, para. 2
Matters excluded - Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings - Concept - Actions arising directly from bankruptcy -
N° 1992/15
Social security - Impact of the exclusion - Claim for repayment of the benefits attributed by a Social Security Institution to the victim of an accident at work - Action brought against the third party responsible for the accident or against his insurer - Applicability of the Convention -
N° 1993/37
Excluded matters - Rights in property arising out of a matrimonial relationship - English judgment given following an application for ancillary relief between spouses in the context of divorce proceedings - Judgment ordering a definitive division of property by the transfer of ownership in certain property by the husband to the wife as well as periodical payments of maintenance until the transfer has taken place - Applicability of the Convention -
N° 1996/8
Excluded matters - Status and legal capacity of natural persons - Recognition and enforcement of a foreign affiliation order as well as of the subsequent decisions ordering the father to make maintenance payments - Non-applicability of the Convention - Applicability of the bilateral Convention of 1936 between Italy and Germany
-
N° 1996/13
Civil and commercial matters - Matters relating to maintenance - Decisions rendered in divorce proceedings ordering payment of a lump sum and transfer of ownership in certain property - Included - Conditions -
N° 1997/5
Excluded matters - Status and legal capacity of natural persons - Divorce judgment - Inapplicability of the Convention -
N° 1999/43
Matters excluded - Social security - Dispute concerning a claim for recovery under the general law on social assistance of a Contracting State - Inclusion under the scope of the Convention relating to social security - Request for interpretation -
N° 2001/6
Matters excluded - Customs matters - Definition - Dispute founded on a private law contract of suretyship involving a decision relating to customs debts covered by the contract - Inclusion - Request for interpretation -
N° 2001/11
Matters excluded - Social security - Definition - Exclusion from that definition -
N° 2003/3
Matters excluded - Arbitration - Arbitration clause submitting all disputes relating to the contract to the exclusive jurisdiction of three arbitrators - Scope - Interim application for the lodging of security - Lack of jurisdiction of the national court even where enforcement of the arbitrators’ decision is impossible in another Contracting State -
N° 2003/43
Civil and commercial matters - Concept of "civil matters" - Action under a right of recourse brought by a public body seeking to recover from a person governed by private law sums paid by it by way of social assistance to the divorced spouse and the child of that person - Included - Conditions - Need for the basis and the detailed rules relating to the bringing of that action to be governed by the rules of ordinary law in regard to maintenance obligations - Action under a right of recourse based on general social assistance law in the Netherlands - Basis other than ordinary law in regard to maintenance obligations - Excluded -
N° 2006/14
Excluded matters - Rights in property arising out of a matrimonial relationship - Concept - Sale of shares between spouses in performance of an agreement setting out the terms of their separation - Included - Conditions of sale different from those envisaged in that agreement - No reference to the agreement in the share transfer deed - No effect -
N° 2006/28
Excluded matters - Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings - Actions arising directly from bankruptcy and falling within the scope of the collective procedure - Action to recover a debt of a company in liquidation - Excluded -
N° 2006/29
Judgments referred to in Article 25(2) of Regulation No 1346/2000 – Included – Request for interpretation
-
N° 2008/13
Excluded matters - Arbitration - Meaning - Application for a declaration of enforceability in respect of a Netherlands judgment ordering the defendant to provide a bank guarantee to secure the applicant’s claim which was determined by an arbitration tribunal - Right to the bank guarantee founded on the parties’ contractual relations - No effect on the arbitration decision - Concept of arbitration excluded - Applicability of the Brussels Convention
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N° 2009/37
