Table of Articles

Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

Title II - Jurisdiction
S e c t i o n 5: Exclusive jurisdiction

Art. 16

Examination as to jurisdiction - Examination by the court of its own motion - Scope - Jurisdiction of the court seised where the defendant failed to contest the jurisdiction - Limits - Main proceedings within the exclusive jurisdiction of another court under Article 16 of the Convention - N 2002/45

Art. 16 (1)

Proceedings relating to tenancies of immovable property - Concept - Letting of holiday accommodation by a business organizing travel - Not applicable - Conditions - N 1992/1
Proceedings relating to tenancies of immovable property - Letting of holiday accommodation by a business organising travel - Not included - Application by a consumers’ association directed against the use of certain clauses in the travel organiser’s general business conditions - Jurisdiction of the courts of the defendant’s domicile - N 1992/20
Immovable property - Action relating to the obligation of a trustee to transfer legal ownership of an immovable property situated in France to the settlor-beneficiary of the trust - N 1992/6
Proceedings which have as their object 'rights in rem in immovable property' - Concept - Claim for compensation for the use of a dwelling following the annulment of a transfer of ownership - N 1993/10
Proceedings which have as their object 'rights in rem in immovable property' - Concept - Proceedings relating to the existence of a trust attaching to immovable property - Excluded - N 1994/3
Proceedings 'which have as their object rights in rem in immovable property or tenancies of immovable property' - Definition - Claim for compensation for the use of real property following the annulment of a transfer of ownership - Excluded - Calculation of compensation according to the principles of the law on tenancies - No effect - N 1994/5
Matters relating to immovable property - Mixed character of the action - Action in personam combined with an action in rem - Action in rem having as its object the modification of a right relating to a mortgage on immovable property situated in Spain - Jurisdiction of the Spanish courts - N 1995/25
Relating to immovable property - Rights in rem in immovable property - Gift of a building including the belongings - Compensation claim seeking damages for injury to feelings as a result of a failure to follow the wishes of the donatrix - Claim seeking the restoration of the building and belongings - Article 16(1) not applicable - N 1997/37
Relating to immovable property - Concept - Independent interpretation - Contract to purchase a time-share property - Inclusion - N 1997/42
Relating to immovable property - Purpose of the claim - Contract to purchase a time-share property subject to a loan agreement between the vendor of the property, the purchaser and the lending company - Plaintiff claiming rescission and seeking damages against the lending company - Claim not falling within the remit of Article 16(1) - N 1997/42
Immovable property - Tenancies of immovable property - Holiday homes - Short-term letting agreement between an individual and a tour operator for the letting of a holiday home and cancellation insurance - Parties domiciled in different Contracting States - Applicability of Article 16(1)(a) of the Convention - N 1998/10
Proceedings "which have as their object tenancies of immovable property" - Definition - Action for damages for taking poor care of premises and causing damage to holiday accomodation - Included - Plaintiff, a professional tour operator, subrogated to the rights of the owner of the property - No effect - N 2000/3
Matters relating to rights in immovable property - Proceedings in matters relating to "rights in rem in immovable property" - Concept - Action for the annulment of the sale of a building and for damages - Inclusion - Request for interpretation - N 2000/7
Jurisdiction in matters concerning immovable property - Definition - Action for rescission of a contract for the sale of land and consequential damages - Excluded - N 2001/2
Immovable property - Action seeking an order that the bankrupt transfer to the trustee in bankruptcy immovable property in Portugal or that he sell the property - Inapplicability of Article 16(1) of the Convention - N 2001/41
Immovable property - Claim for payment of the sale price of real property in Spain - Inapplicability of Article 16(1)(a) - Jurisdiction of the Danish courts - N 2002/30
Matters relating to immovable property - Rights in rem in or tenancies of immovable property - Meaning - "Time-share" contract for holiday accommodation - Claim for repayment of the purchase price - Excluded - N 2003/25
Immovable property - "proceedings which have as their object tenancies of immovable property" - Meaning - Contract concerning the acquisition of the right of part-time use of immovable property (time-share) - Right of use of a particular holiday residence for one calendar week each year for 40 years - Right of use necessarily coupled to membership in a club whose main function is to ensure its members the exercise of that right - Whether included - Request for interpretation - If included: scope of the exclusive jurisdiction - Action for recovery of the undue part of a payment made for the right of use and the club membership - Whether included - Request for interpretation - N 2004/10
Immovable property - Rights in rem - Meaning - Action for the defence of property rights against nuisance from a nuclear plant situated in a non-contracting State - Included - N 2004/15
Matters relating to immovable property Disputes in 'proceedings which have as their object rights in rem in immovable property' Meaning Preventive action seeking to defend property rights of the owner of agricultural land from nuisance from a nuclear plant situated in a non-Contracting State Included Request for interpretation - N 2005/10
Immovable property Disputes 'which have as their object rights in rem in immovable property' Meaning Dispute relating to the reconveyance of a tenancy for life in immovable property on account of the breach of a contractual obligation Excluded - N 2005/27
Matters relating to immovable property Timeshare agreements Jurisdiction of the courts of the place where the property is situated (Spain) - N 2005/31
Proceedings which have as their object tenancies of immovable property - Definition - Time-share in immovable property by virtue of a club membership contract - Excluded - N 2006/2
Proceedings which have as their object rights in rem in immovable property - Definition - Action for cessation of a nuisance affecting or likely to affect land caused by the activities of a nuclear power station situated on the territory of a neighbouring State - Excluded - N 2006/5
Immovable property - Action for cessation of a nuisance affecting or likely to affect land caused by the activities of a nuclear power station situated on the territory of a neighbouring non-Member State - Excluded - Determination of jurisdiction in accordance with national law - Jurisdiction of Austrian courts - N 2007/8

Art. 16 (2)

Legal persons - Scope of Article 16(2) - Company having its registered office in England and its actual place of business in a non-contracting State - Action for compensation for damage caused to associates by the management of the company - Alternative application for the dissolution of the company - Applicability of the English legal principle of ‘forum non conveniens - N 1992/10
Legal persons - Actions concerning the validity of the decisions of their organs - Concept - Action concerning the alleged misappropriation of the funds of a company by its directors - Excluded - Non-applicability of article 16(2) of the Convention - N 1996/24
Jurisdiction in matters concerning companies and legal persons - Exclusive jurisdiction in proceedings which have as their object the validity, nullity or dissolution of companies or decisions of their organs of the courts of the Contracting State in which they have their seat - Actions seeking to force the representative of an associate established in the Contracting State of the court seised to act in a certain way in the context of decisions to be taken by the management and assembly of the associates of a company established in another Contracting State - Provisional measures - N 2001/9
Legal persons - Meaning - English partnership - Included - Proceedings concerning validity of constitution, nullity or dissolution - Meaning - Proceedings concerning the acquisition of goods by means of the assets generated by the partnership - Included - Applicability of Article 16(2) of the Convention - Jurisdiction of the English courts - Proceedings concerning ownership of goods, acquired by one of the members of the partnership, unrelated to the partnership - Inapplicability of Article 16(2) of the Convention - Jurisdiction of the court "first seised" of another Contracting State - N 2002/42
Legal persons - Proceedings which have as their object the validity of the constitution, nullity or dissolution of companies or other legal persons - Concept - Proceedings concerning a dispute between partners concerning conduct alleged to constitute an abuse of the status of partner - Excluded - N 2006/35

Art. 16 (3)

Public registers - Concept - Application for rectification of an entry concerning a Luxembourg company in an English company's register of members - Exclusive jurisdiction of the English courts - N 1993/26

Art. 16 (4)

Jurisdiction in proceedings concerned with the registration and validity of patents and other industrial and commercial property rights - Dispute relating to the right to use the title of a magazine - Right based solely on priority - Excluded - N 1993/26
Industrial or commercial property - Trade marks - Jurisdiction of the courts of the State in which the trade mark is deposited - Scope - Action for the lapse of a trade mark - Inclusion - N 1994/8
Matters relating to industrial or commercial property - Action for infringement of patents granted under the European Patent Convention and registered in two Contracting States - Action before the courts of one of these States (Netherlands) - Action introduced in another Contracting State (United Kingdom), for a declaration of non-infringement and for revocation of the patents - Connecting link, in the latter State, between the questions of infringement and validity - Applicability of the rules on exclusive competence under Article 16, point 4, and requirement for the court second seised to decline jurisdiction - Request for interpretation - N 2000/12
Industrial or commercial property - Action to prohibit the registration of a trademark in a State not covered by the Brussels Convention - Inapplicability of Article 16(4) and the other provisions of the Brussels Convention - Assessed according to the jurisdiction rules of the forum - N 2002/54
Industrial and commercial property - Disputes "in proceedings concerned with the registration or validity of patents" - Meaning - Inclusion of proceedings for patent infringement giving rise to a plea that the patent is invalid or a nullity raised by the alleged infringer - Request for an interpretation of the Convention and its rules of jurisdiction - Request for interpretation - N 2003/7
Proceedings concerned with the registration and validity of patents - Scope - Indirect review of the validity of a patent in a declaratory action to establish non-infringement of the patent - Included - N 2006/6
Industrial or commercial property - Disputes concerning the registration or validity of patents, trade marks, designs or other rights - Concept - Disputes concerning with the ownership of such rights - Excluded - N 2006/31
Intellectual or commercial property Disputes in proceedings concerned with the registration or validity of patents Scope Incidental review of the validity of a patent in an action for a declaration of the non-infringement of that patent Included Consequences for the main action Loss of jurisdiction of the court in the main proceedings to rule on the main claim None Possibility of a stay of the proceedings pending judgment on the validity of the patent Conditions Application for a stay made by the party responsible for the incidental application - N 2008/18

Art. 16 (5)

‘Proceedings concerned with the enforcement of judgments’ - Concept - Disputes regarding the action of authorities responsible for enforcement - ‘Action paulienne’ - Not included - N 1992/3
Enforcement of judgments - Meaning - Action seeking a declaration of cessation of entitlement to maintenance payments where there is an enforceable decision ordering the debtor to pay that maintenance as a result of an action brought within the scope of the Convention - Excluded - N 2004/14


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