CURIA

Brussels and Lugano Conventions
Regulation 44/2001

Classification Scheme



E Convention on Jurisdiction and Enforcement of Judgments
E-05 Special jurisdiction
E-05.03 Jurisdiction in matters relating to tort, delict or quasi-delict

Jurisdiction ‘in matters relating to tort, delict or quasi delict - Concept - ‘Action paulienne’ - Not included - N 1992/3

Place where the harmful event occurred - Place where the damage occurred - Concept - Place where financial damage was suffered - N 1993/6

Place of the harmful event - Concept - Place where the harmful event and the damage occurred - Unfair competition - Manufacture and marketing in Italy of a product allegedly constituting an imitation of a product manufactured by the plaintiff - Display of the Italian product in view of promoting its sale in France - Jurisdiction of the French courts - N 1993/30

Place where the harmful event occurred - Place where the damage occurred and place of the event giving rise to it - Publication in France of a diffamatory newspaper article also distributed in the United Kingdom - N 1993/7

Interest-rate swap contracts between an English bank and a local Scottish authority - Contracts void owing to the lack of capacity of the local authority to enter into contracts of that kind - Action for restitution of the sum payed to the local authority by the bank - N 1993/8

Claims for damage based on the breach of an exclusive sales concession contract and on acts of unfair competition - Contract containing an agreement conferring jurisdiction on the German courts - Distinction between a claim based on contractual liability and a claim based on unfair competition - Applicability of article 5(3) to a claim based on acts of unfair competition - Harmful event and harm occurred in Italy - Jurisdiction of the Italian courts - N 1993/21

Jurisdiction in matters relating to tort, delict or quasi delict - Concept - Autonomous interpretation - Claim aimed at establishing the non-existence of a right to put an end to the printing and distribution of a magazine - Excluded - N 1993/26

Action seeking to prevent an impending tort from occurring - Plaintiff holder of trade marks registered in Germany - Behaviour of the defendant engendering the threat of a counterfeit - Tort which could result from the broadcasting of television programs - Article 5(3) applicable - Determination of the place of the impending tort - N 1994/7

Place where the harmful event occurred - Place where the damage occurred - Concept - Place where the injured party suffered a financial loss - Inclusion - N 1994/9

Place where the harmful event occurred - Place where the injured person suffered a financial loss - Seat of the company alleging that it sustained injury - N 1994/14

Place where the harmful event occurred - Cross-border defamation by the press - Plaintiff's right to choose - Court of the place where the publisher is established - Jurisdiction in respect of all the harm - Courts of the places where the publication was distributed in each Contracting State where the reputation of the person harmed is injured - Jurisdiction limited to the harm caused in the State of the court seised - N 1995/3

Defamation - Assessment of the harmful character of the event in question and the evidence required of the alleged harm - Application of the conflict of laws rules of the forum - Limits - N 1995/3

'Matters relating to tort, delict or quasi-delict' - Concept - Independent interpretation - Claim based on the breach of a non-contractual duty of confidentiality - Place where the harmful event occurred - Place where the damage occurred - Place where the defendant exploited the confidential information which directly caused damage to the commercial interests of the plaintiff - Inclusion - Place where indirect financial loss is sustained by the plaintiff - Exclusion - N 1995/19

Place of the harmful event - Defamation by television broadcast - Programme broadcasted from Sweden and received in Norway - Compensation for the harm done in Norway - Jurisdiction of the Norwegian courts - Place where the direct effects of the broadcast were felt - Definition according to domestic law applicable in the light of the Lugano Convention - N 1995/20

'Matters relating to tort, delict or quasi-delict' - Concept - Independent interpretation - Action for finding of liability in non-contractual matters - Action brought against the manufacturer by the sub-buyer of goods - Inclusion - N 1995/22

Place where the harmful event occurred - Plaintiff's option - Place where the damage occurred and the place of the event giving rise to it - Scope - Place where financial damage was suffered in consequence of initial damage arising and suffered by a victim in another contracting State - Excluded - N 1996/4

Place where the harmful event occurred - Place where the damage occurred - Place where the goods transported successively by sea and land were discovered by the consignee to be damaged - Inclusion - N 1997/9

Place where the harmful event occurred - Discrediting another's commercial reputation - Place where the causal event entailing tortious delictual or quasi-delictual liability, directly produced harm to its victim - Harm done to an Italian company - Jurisdiction of the Italian court - N 1997/16

Place where the harmful event occurred - Concept - Place where the damage occurred and the place where the causal event occurred - Refusal to sell - Plaintiff holding a right of option - Place where the goods ought to have been resold by the plaintiff - N 1997/30

Place where the harmful event occurred - Cross-border defamation through the medium of a book published in Sweden but distributed in Norway - Right of option of the plaintiff - Jurisdiction of the courts where the publication was circulated and where the damage was caused - Jurisdiction of the Norwegian courts - Interpretation of national law according to the principles set out in the Lugano and Brussels Conventions - N 1997/36

Place where the harmful event occurred - Operation of a nuclear installation - Radioactive contamination - Proceedings brought seeking a declaration, an injunction and compensation - Place where the effects of the harmful event are felt - N 1997/41

Claim based on an action for copyright infringement - Place where the harmful event occurred - Option for the plaintiff between the court of the State where the author of the infringement is established and the court of the State in which the publication the subject of the infringement is distributed - Scope of the juridiction of the court for the place where the damage occurred to grant compensation - Limitation to the damages occurred in the State of this court - N 1998/24

Libel - Action by plaintiffs domiciled in Ireland and the United Kingdom claiming damages for libel against the publisher domiciled in the United Kingdom - Libelous publication distributed and damage suffered in Ireland - Jurisdiction of the Irish courts - N 1998/36

Special jurisdiction in "matters relating to a contract" and "matters relating to tort, delict or quasi delict" - Goods damaged on completion of a voyage by sea then by land - Action for compensation by the consignee against the actual maritime carrier who did not issue the bill of lading - Action concerning a matter relating to tort, delict or quasi delict - Place where the harmful event occurred - Determination - Place where the damage arose - Place of delivery of the goods by the maritime carrie - N 1999/1

Matters relating to tort, delict or quasi-delict - Concept - Independent interpretation - Provisional measures - Request for an order (Regelungsverfgung) requiring a sports federation to allow the claimant to enter specific races - Request not aiming at preserving a concrete right - Exclusion - N 1999/16

Concept - Autonomous interpretation - Unjust enrichment - Exclusion - N 1999/18

Place where the harmful event occurred - Right of option of the claimant - Place of the causal event and place where the damage occurred - Claim based on transactions prejudicial to the claimant - Place of the patrimonial impoverishment of the claimant - Jurisdiction of the Austrian court - N 1999/21

Matters relating to tort, delict or quasi-delict - Concept - Interest rate swap agreements between an English bank and a Scottish local authority - Agreements void because ultra vires the local authority - Claim for restitution of sums paid by bank to local authority - No harmful event - Exclusion - Lack of jurisdiction of the English court - N 1999/56

Interpretation and legal classification of the claim by the national court - Appreciation according to national law - N 1999/60

Place where the harmful event occurred - Place where the causal event occurred and place where the damage occurred - Right of option of the plaintiff - Place where the damage occurred - Concept - Surgery in Switzerland - Alleged tort of the surgeon - Aggravation of state of patient in Italy more than two years later - Jurisdiction of the Italian court - N 1999/60

Contracts concluded by consumers - Scope - Contract concluded following an advertisement  accompanied by a promise of gain - Right for the addressee to claim the price seemingly obtained - Inclusion, or failing this, classification as a contractual right within the meaning of Article 5, point 1, or tortious within the meaning of Article 5, point 3 - Request for interpretation - N 2000/10

Matters relating to tort, delict or quasi-delict - Concept - Prohibition to use general conditions which are illegal or contrary to accepted principles of morality in contracts with consumers - Inclusion - Request for interpretation - N 2000/11

Application for declaration of no liability - Court of the place where the disputed claim should be decided in the case of an application for judgment - N 2000/19

Place where the harmful event occurred - Allegedly illegal statements against applicant - Place where the statements were made orally in the presence of third parties, or in respect of written statements, the place from which they were dispatched - N 2000/19

Matters relating to tort, delict or quasi delict - Concept -Transportation of goods by land and sea - Action for indemnity, brought on the basis of a bill of a lading, by the consignee or the insurer of the goods against a defendant not having issued the bill of a lading but considered as being the actual shipper - Inclusion - Place where the harmful event occured - Place where the report on the damage was made by the consignee - Exclusion - N 2000/25

Application of the principle of equal treatment referred to in Article 6 of the EC Treaty (now Art. 12 EC) in the context of an action for defamation brought, pursuant to Article 5(3) of the Convention, in the place where the harmful event occurred - Connection of the action with the exercise of fundamental freedoms safeguarded by Community law - N 2001/4

Matters relating to tort, delict or quasi-delict - Definition - Action for damages for breach of the legal obligation to act in good faith during precontractual negotiations - Inclusion - Request for interpretation - If not included: is it a "matter relating to a contract" - Request for interpretation - If so: Obligation forming the basis of the claim - Request for interpretation - In the alternative: Application of the general criterion in respect of jurisdiction (domicile of the defendant) - Request for interpretation - N 2001/7

Matters relating to tort, delict or quasi-delict - Definition - Action to establish liability for product defects brought by a sub-purchaser against the manufacturer - Inclusion - Action for purely financial damage - Exclusion - N 2001/13

Matters relating to tort, delict or quasi-delict - Definition - Action brought by a shipowner against a carrier for the recovery of the payment made on the basis of contractual liability for the benefit of a third party bearer of the bill of lading - Delictual basis of the action for recovery - Permissibility - Inclusion - Jurisdiction of the courts for the place where the harmful event occurred (Belgium) - N 2001/17

Matters relating to tort, delict or quasi-delict - Definition - Offer for sale on Internet, from the Netherlands, of medicinal products sold exclusively by chemists, addressed in particular to customers resident in Germany - Conduct constituting an act of unfair competition - Inclusion - Place where the harmful event occurred - Place where the Internet server is located and all places to which the offer is addressed - Jurisdiction of the German courts - N 2001/28

Matters relating to tort, delict or quasi-delict - Concept - Application brought before the Labour Court Denmark, by a Danish employers association against a Swedish trade union for a declaration that collective industrial action in support of demands for collective agreements for workers not previously covered by such agreements, is illegal - Included - Industrial action at the notification stage - Effect - Industrial action suspended pending the decision of the Labour Court - Effect - Request for interpretation - N 2002/12

Place where the harmful event occurred - Place where the causal event occurred and place where the damage was sustained - Industrial action organised by a trade union in a Member State aiming to secure a collective agreement covering workers aboard a ship registered in another Member State - Damage caused by that action arising in the State where the vessel was registered - Request for interpretation - N 2002/12

Place where the harmful event occurred - Meaning - Domicile of the victim of purely financial damage arising from investments of capital in another Contracting State - Included - Request for interpretation - N 2002/15

Place where the harmful event occurred - Meaning - Advertising on the internet involving a trademark infringement by its unauthorised use - Place where the site can be accessed - Included - Jurisdiction of the Austrian court - N 2002/22

Meaning of matters relating to tort or delict - Action for a declaration of non-infringement of a patent - Excluded - Inapplicability of Art 5(3)  - N 2002/23

Place where the harmful event occurred - Place where the damage was sustained and place where the event giving rise to the damage occurred - Programme broadcast by a broadcaster based in Sweden and received in Sweden and Norway - Damage sustained in Norway - Jurisdiction of the Norwegian courts  - N 2002/48

Place of the harmful event - Scope - Place where damage is incurred subsequent to the initial damage suffered by the victim in another Contracting State - Excluded - N 2002/55

Jurisdiction in matters relating to tort, delict or quasi-delict - Meaning - Action in pre-contractual liability founded on breach of rules of law during negotiations with a view to the formation of a contract - Included - N 2003/1

Jurisdiction in matters relating to tort, delict or quasi-delict - Meaning - Preventive action brought by a consumer protection organisation for an injunction to prevent a trader from using unfair terms in consumer contracts - Included - N 2003/2

Matters relating to tort, delict or quasi-delict - Meaning - Preventive action brought by a consumer protection organisation seeking an injunction to prevent a trader from using unfair terms in consumer contracts - Included - N 2003/14

Place where the harmful event occurred - Place where the event giving rise to the damage occurred and place where the damage was sustained - Scope - Place where the financial loss was sustained following initial damage occurred in another Contracting State - Excluded - N 2003/17

Place where the harmful event occurred - Place where financial loss sustained - Commercial sign registered for protection in Germany - Unlawful use in another Contracting State on Internet sites - Installation of Internet server in the other Contracting State - Possibility of accessing site in Germany sufficient to found the jurisdiction of the German courts - No need for other connections with the forum - N 2003/26

Consumer contracts - Contract for the supply of goods or services following a specific invitation addressed to the consumer or advertising (Article 13(1)(3) of the Convention) - Meaning - Misleading advertising giving the consumer the impression that he has won a prize - Consumers right to claim the prize supposedly won - Classification as contractual right within the meaning of Article 13(1)(3) - Simultaneous classification as a matter relating to tort, delict or quasi-delict within the meaning of Article 5(3) of the Convention - Place where the harmful event occurred - Meaning - Consumers domicile - N 2003/27

Place where the harmful event occurred - Impending wrongful act likely to give rise to a harmful event in Scotland - Application for interim measures - Admissbility - Jurisdiction of the Scottish courts - N 2003/34

Place where the harmful event occurred - Infringement of a trade mark by use of a domaine name for an Internet site - Territorial jurisdiction of the court owing to the accessibility of the Internet site - Jurisdiction of the Scottish courts - N 2003/34

Place where the harmful event occurred - Place where the damage was sustained and place where the event giving rise to the damage occurred - Definition of the place where the harmful event occurred - Criteria for determining that place - Consideration only of damage with a direct rather than an indirect or rebound link to the harmful event - Physical disability caused by an accident in the port of Rotterdam requiring treatment first in the Netherlands and then in Greece - Damage deemed to have occurred in the Netherlands - Jurisdiction of the Greek courts - Excluded - N 2003/37

Jurisdiction 'in matters relating to tort, delict or quasi-delict' - Meaning - Case concerning the legality of industrial action which comes within the exclusive jurisdiction of a court other than the court which has jurisdiction to hear any associated claims for compensation - Included - N 2004/3

x<cyxcyxcy Place where the harmful event occurred - Damage caused by industrial action initiated by a union in a Contracting State which had admitted a ship registered in another Contracting State into its waters - Damage deemed to have occurred in flag State - Account taken of the nationality of the ship - Limits - N 2004/3

Place where the harmful event occurred -Definition - Place of domicile of claimant who has suffered financial loss arising from capital investments in another Contracting State - Excluded - N 2004/6

Matter relating to tort, delict or quasi-delict - Meaning - Action for pre-contractual liability founded on breach of legal rules during pre-contractual negotiations - Included - N 2004/11

Court with jurisdiction - Court of the place where the harmful event occurred - Place where the event giving rise to the action took place and place where the damage occurred - Action for pre-contractual liability founded on breach of legal rules during pre-contractual negotiations - Jurisdiction of the court of the place where the injured company has its seat and of the place where the party concerned expressed its intention not to enter into the contract - N 2004/11

Unfair competition and infringement of rights - Relationship between two actions - N 2004/26

Infringement of rights- Place where the harmful event occurred - Operation of an internet site in Spain accessible on French territory - Action for an injunction and for compensation of damage suffered in France - Jurisdiction of the French courts - N 2004/27

Matter relating to tort, delict or quasi-delict - Meaning - Unfair competition - European patent - Action seeking a declaration that the conduct of a company in competition with the patent holder was lawful - No damage - Excluded - N 2004/32

Matters relating to tort, delict or quasi-delict Meaning Concept includes any request seeking to engage the liability of a defendant which is not connected to a contractual matter Action brought by an insurance company Action brought by the guarantor against the principal debtor in the context of a contract of guarantee No authorisation for the conclusion of that contract given by the principal debtor No civil liability of that debtor Exclusion of matters relating to tort, delict or quasi-delict - N 2005/15

Place where the harmful event occurred Meaning Place of the domicile of the claimant who sustained financial loss following capital investments in another Contracting State Excluded - N 2005/16

Infringement of industrial property rights Classification in tort or delict Jurisdiction of the court of the place where the harmful event occurred Infringement of industrial property rights by Internet Statement of the place where the harmful event occurred sufficient for the purposes of determining the jurisdiction of the German courts - N 2005/28

Not applicable in the case of multiple claims of which one has a contractual basis - N 2005/32

Matters relating to tort, delict or quasi-delict - Concept - Unfair competition - Included - N 2006/18

Place where the harmful event occurred - Defamatory statements which could damage the credit of a company made in a cross-border fax - Place where the company liable to suffer pecuniary detriment as a result of the those statements has

 its seat - Excluded - N 2006/18

Matters relating to tort, delict or quasi-delict - Concept - Autonomous interpretation - Unfair competition - Included - N 2006/21

Place where the harmful event occurred - Place of the causal event - Unfair competition - Application to register a trade mark - Conduct not constituting as such unfair competition - Jurisdiction of the court where the application lodged - Excluded - N 2006/21

Matters relating to tort, delict or quasi-delict - Concept - Autonomous interpretation - Action for an injunction to prevent the defendant, in the future, from interfering with the property of the claimant other than by dispossession or retention - Interference consisting of claiming to be the owner of a painting - Included - Interference by way of statements addressed to a publishing house with its seat in Germany - Jurisdiction of the German court ent - Unfair competition - Application to register a trade mark - Conduct not constituting as such unfair competition - Jurisdiction of the court where the application lodged - Excluded - N 2006/25

Infringement of industrial property right - Place where the harmful event occurred - Place where the goods impugned are displayed and offered for sale - Jurisdiction of the French court - N 2006/31

Place of the harmful event - Place where the damage occurred and place of causal event, without distinction - Place where the damage was incurred - Criteria for determining - Account to be taken only of harm linked directly rather than indirectly or by "ricochet" to the harmful event - Physical injury caused by an accident in the port of Rotterdam, which required medical treatment first in the Netherlands then in Greece - Damage deemed to have been incurred in the Netherlands - Lack of jurisdiction of Greek courts- N 2006/34

Matters relating to tort, delict or quasi-delict - Concept - Autonomous interpretation - Claim for damages for negligence and breach of duty brought by the purchaser of goods against the seller and the manufacturer - Action against the seller excluded - Action founded on a contractual relationship - N 2006/37

Power of the court seised to take into consideration, for the purposes of ascertaining the competent court, the obstacle to seising the courts of the domicile of the defendant resulting from the fact that the action is time-barred - No such power - N 2006/37

Place where the harmful event occurred - Concept - Place of the casual event and place where the damage occurred - Right of the claimant to choose - Scope - Place of material and non-material damage arising from harm initially manifesting itself to the victim in another Member State - Excluded - Birth of a child following professional negligence - Place where the non-material damage was incurred - Place where the child was conceived or place where the person concerned was when she became aware of the pregnancy - Place where the child was born - Excluded - N 2006/40

Place of the harmful event - Application for declaration of non-infringement of a foreign patent - Place where the damage resulted (Erfolgsort) in the State in which the patent was granted - Place where the causal event occurred (Handlungsort) in Switzerland - No infringement in Switzerland - Swiss law inapplicable in respect of the substance of the dispute - No jurisdiction of the Swiss courts - N 2007/14

Jurisdiction in matters relating to tort, delict or quasi-delict - Definition - Autonomous interpretation - Simple breach of the principle of good faith - Excluded - N 2007/15

Place where the harmful event occurred - Spouse having failed to disclose adultery during divorce proceedings - Procedural fraud - Jurisdiction of the courts for the place where the divorce proceedings took place - Jurisdiction of the Swiss courts - N 2007/15

Place where the harmful event occurred - Court seised determining its own jurisdiction solely on the basis of the claims submitted in the application - N 2007/16

Contract for sale of a horse between a buyer domiciled in the Czech Republic and a seller resident in Germany - Certificate of origin of the horse delivered to the buyer and then stolen by the seller - Certificate accessory to the animal which was the subject-matter of the contract of sale - Delictual, not contractual, right to the return of the certificate - Jurisdiction of the Czech court for the place where the harmful event occurred - N 2007/16

Proceedings relating to unfair competition - Included - Place where the harmful event occurred - Place where the damage materialised - Offer of sale via the Internet of medicinal products intended inter alia for customers residing in Germany - Jurisdiction of the German courts - N 2007/18

Libel action brought by applicants domiciled in the United Kingdom against the Netherlands Central Bank and employees of that bank - Plea of immunity from legal proceedings may be raised by the defendants, rendering the Regulation inapplicable - N 2007/26

Place where the harmful event occurred - Damage to the reputation of an undertaking caused by the despatch of letters of formal notice - Place where the letters were received - Jurisdiction of the Italian court - N 2007/30

Place where the harmful event occurred - Damage to the reputation of an undertaking caused by the despatch of letters of formal notice - Place where the letters were received - Jurisdiction of the Italian court - N 2007/32

Place of the harmful event – Action for a declaration of non-infringement of a foreign patent – Place where the damage resulted (Erfolgsort) in the State in which the patent was granted – Place where the causal event occurred (Handlungsort) situated in Switzerland – No infringement in Switzerland – Inapplicability of substantive Swiss law to the merits of the dispute – Swiss courts lacking jurisdiction - N 2008/19

Place where the harmful event occurred Place where the causal event occurred or place where the damage occurred, at the applicants option Actio negatoria by the applicant, in his potential capacity as the author of the damage and in the exercise of his right of option, for declaration of no civil liability (negative Feststellungsklage) – Whether permissible – Conditions - N 2008/20

Matters relating to tort, delict or quasi-delict – Meaning – Autonomous interpretation – Action in matters relating to breach of copyright – Included - N 2008/22

Meaning of place where the harmful event occurred Jurisdiction of the courts for the place where the harmful event could occur, according to the claims made by the applicant Included - N 2008/22

Matters relating to tort, delict or quasi-delict – Meaning – Applicant being the copyright owner – Defendant’s conduct amounting to breach of that copyright – Obligation of the defendant to refrain from acting, resulting from that breach of copyright – Jurisdiction of the courts for the place where the harmful event occurred – Applicability of Article 5(3) - N 2008/22

Place where the harmful event occurred Applicants right of option Place where the causal event occurred and place where the damage resulted Place where financial damage occurred, resulting from initial damage to the victim in another Contracting State Excluded - N 2008/23

Place where the harmful event occurred Meaning Place where the applicant, who has incurred financial damage arising from investments of capital in another Contracting State, is domiciled Excluded - N 2008/23

Place where the harmful event occurred or place where the causal event occurred, without distinction Meaning Application for compensation for damage caused by fraud on a financial investment Place where the fraudulent act was committed Included - N 2008/23

Place of the harmful event Contract for the transfer of intellectual property rights Misrepresentation by a third party in respect of the licences relating to those rights Place where the damage resulted Place where the contract was entered into - N 2008/35

Trade mark rights Applicant holding a registered trade mark Trade mark registered in the applicants Member State and also in other Member States Application relating to an infringement of the trade mark and prohibition of future infringement in conjunction with a fine in the Member State of the defendants domicile Extinction Amendment Damages Application also including Member States other than the Member State of the applicants domicile Place where the damage resulted and place where the harmful event occurred Applicants right to choose Scope Place of protection Trade mark registered in Sweden Jurisdiction of the Swedish courts - N 2008/49

Place where the harmful event occurred - Meaning - Place where the initial damage occurred following normal use of a product - N 2009/11

Place where the harmful event occurred - Meaning - Defective product manufactured and delivered in one Member State and used in another Member State - Harmful event to be treated as having occurred at the place of delivery or at the place where normal use was made of the defective product - In the latter case, possibility of treating the place of use as the place where the damage occurred if the damage is only financial, and there is no physical or material damage - Request for interpretation - N 2009/12

Place where the harmful event occurred - Meaning - Harm caused by online sports betting websites - Sites available, inter alia, to internet users of a particular Member State - Connecting factor sufficient to conclude that the courts of that Member State have jurisdiction, or need for a sufficient, substantial or meaningful connection between the tortious events and the territory of that Member State - Request for interpretation - In the latter case, criteria to be taken into account in concluding that such a connecting factor exists - Request for interpretation - N 2009/18

Place of the harmful event - Meaning - Internet advertising amounting to an infringement of the law on unfair competition and of the rules on authorisation to carry out banking activities - Place where the website may be consulted - Included - Jurisdiction of the Austrian courts - Territorial jurisdiction of the courts for the place where the website may be consulted - Possible to consult website throughout Austria - Applicants right to choose - Dismissal of the application to designate a court as having territorial jurisdiction in the case of a preventive action brought by a legally established association (Verbandsklage) - N 2009/25

Matters relating to tort, delict or quasi-delict - Meaning - Autonomous interpretation - Offences consisting of an infringement of competition law (Kartelldelikte) - Included - N 2009/26

Place where the damage occurred - Discriminatory practice in breach of Austrian competition law adopted by a legal person governed by German public law and consisting of the conclusion of contracts with other parties domiciled in Germany - Direct effects on the relevant market including Austria - Financial damage occurring at the place where the undertakings suffering discrimination have their seat in Austria - Jurisdiction of the Austrian courts - N 2009/26

Place of the harmful event - Place where the damage occurred and place of the event giving rise to it - Scope - Cross-border defamation via the press - Publication of defamatory material in an Austrian newspaper - Newspaper not regularly distributed in Germany or only sporadic cross-border distribution - German courts lacking jurisdiction - N 2009/33

Place of the harmful event - Place where the damage occurred and place of the event giving rise to it - Scope - Cross-border defamation via the internet - Publication of defamatory material on the defendants website - No evidence of intended effect in Germany - Mere possibility of consulting the website in Germany insufficient - German courts lacking jurisdiction - N 2009/33

Place where the harmful event occurred - Medicines prescribed by a doctor residing in Switzerland producing side effects at the recipients domicile in Germany - Place where the medicine had a direct effect - Jurisdiction of the German courts - N 2009/34

Matters relating to tort, delict or quasi-delict - Meaning - Action in pre-contractual liability founded on breach of rules of law during negotiations with a view to the formation of a contract - Included - N 2009/54

Courts having jurisdiction - Courts for the place where the harmful event occurred - Place where the damage occurred and place of the event giving rise to it - Action in pre-contractual liability founded on breach of rules of law during negotiations with a view to the formation of a contract - Refusal to form an association of undertakings for the purposes of obtaining a public contract - Damage arising from the loss of the provisional award of the contract - Jurisdiction of the courts for the place of performance of the public contract - N 2009/54

Place of the harmful event - Publication of a photograph in a newspaper in Norway - Infringement of the rights of the author of the photograph, domiciled in Sweden - Financial and non-material damage occurring in Norway, having produced its effects in Sweden - Account taken, for the purposes of determining jurisdiction, of the place where the direct damage occurred, where the newspaper was put into circulation - Swedish courts lacking jurisdiction - N 2009/62

Place of the harmful event - Publication of a photograph in a newspaper on the internet published and put into circulation in Norway and also accessible in Sweden - Infringement of the rights of the author of the photograph, domiciled in Sweden - Financial and non-material damage occurring in Norway, having produced its effects in Sweden - Account taken, for the purposes of determining jurisdiction, of the place where the direct damage occurred, where the newspaper was put into circulation - Jurisdiction of the Swedish courts - N 2009/62

Place of the harmful event Risk of infringement of the right to protection of personality by means of the content of an Internet site Action for an injunction against the operator of the site Jurisdiction of the courts of any Member State, irrespective of where the operator is established, solely on the basis of the availability of the Internet site in that State or whether a special connection is required between the content of the site and the court Request for interpretation - N 2010/9

Risk of infringement of the right to protection of personality by means of the content of an Internet site Special connection between the content of the site and a Member State Criteria for determination Whether necessary for the site to be targeted at users of that Member State Connecting factor established by the mere presence of objective information connected with that Member State entailing a (possible) collision of conflicting interests (right to protection of personality versus the operators interest in the freedom to organise the site and in informing the public) Taking into account of the number of hits by users in that Member State Request for interpretation - N 2010/9

Place where the harmful event occurred Jurisdiction of a court or tribunal of a Member State to hear an action brought in respect of an infringement of personal rights allegedly committed in the Member State in which the claimant is domiciled by the placing on-line of information and/or photographs on an Internet site published in another Member State by a company domiciled in that second State Linking factor sufficient for the jurisdiction of the courts of the first Member State to be established, or requirement of a sufficient, substantial or significant link between the tortious events and the territory of that State In the latter case, criteria to be taken into account in order for such a link to be established Request for interpretation - N 2010/14

Defendant probably a Union citizen but of unknown domicile and may be residing outside Union territory and outside the area governed by the Lugano Convention Proceedings concerning matters relating to tort, delict or quasi-delict in respect of infringements of rights to the protection of personality by means of the content of an Internet site brought against the operator of that site Geographical location of the relevant server unknown, but likely to be located in Union territory Applicability of Article 5(3) of Regulation No 44/2001 Request for interpretation - N 2010/16

Place of the harmful event Infringements or possible infringements of rights to protection of personality by means of the content of an Internet site Action for an injunction, for compensation for pain and suffering and for certain information against the operator of that site Jurisdiction of the courts of any Member State in which the site may be accessed, or need for a special connecting factor between the site and/or its content and the court seised If a special connecting factor is necessary: criteria for determining the existence thereof Website targeted at Internet users in the Member State of the court seised or collision (potential or actual) of the interests of the injured party and the operator of the site, particularly once users who are acquaintances of the claimant have taken note of the content Effect of the number of times the Internet site has been accessed by users in the State of the court seised If appropriate, jurisdiction of the court seised for all damage or limited to damage caused in the State of the court seised Request for interpretation - N 2010/16

Place of the harmful event Concept Place where the causal event occurred or place where the damage occurred, without distinction Scope Place where the direct harmful effects arose Included Place where pecuniary damage arose in consequence of physical damage caused in another contracting State Excluded Belgian employees accident in Germany giving rise to employers liability for an accident at work Proceedings for recovery of money paid to the victim brought by the employer in the Belgian courts Subject-matter of the action concerning the harmful effects of an act which has already caused damage that actually occurred elsewhere Belgian courts - N 2010/25

Counterfeiting Place where the harmful event occurred Trap purchase Place of delivery of the counterfeit models Extent of the jurisdiction of the court for the place where the damage occurred to award compensation Limited to losses arising in the State of that court - N 2010/40

Matters relating to tort, delict or quasi-delict Concept Proceedings for repayment of dividends wrongly paid brought by the company which paid them Excluded - N 2010/54

Matters relating to tort, delict or quasi-delict Concept Autonomous interpretation Action for a negative declaration as to the non-liability of a parent company for the obligations of its subsidiary (ansvarsgenombrott) Non-contractual liability Matters relating to tort, delict or quasi-delict excluded Article 5(3) inapplicable Swedish courts lacking jurisdiction - N 2010/57

Place where the harmful event occurred - Determination - Risk of infringement of the rights of a trade mark holder by Googles paid for listing service AdWords - Proceedings for a restraining injunction against the principal of that service - Search engine offering services under various country specific top level domains - Trade mark registered in one Member State (Austria) used for the listing service on the Google website falling within the country specific domain of another Member State (Germany) - Jurisdiction of the courts of a Member State made subject to the use of the listing service on the Google website having the country domain extension of the State of the court seised or jurisdiction based on the mere accessibility, in that Member State, of the promotional links on the Google website having a country specific domain of another Member State, or even requirement of additional criteria - Where appropriate, determination of those criteria - Request for interpretation - N 2010/7

Jurisdiction in matters relating to tort, delict or quasi-delict - Meaning - Action for a negative declaration brought by the applicant in his potential capacity as injuring party, seeking to establish the non existence of any liability in tort or delict (negative Feststellungsklage), in particular resulting from an alleged infringement of the provisions of anti trust law - Whether included - Request for interpretation - N 2010/13

Place where the harmful event occurred - Meaning - Tort committed by two joint tortfeasors acting in different Member States - Possibility of taking into account the place where one joint tortfeasor acted in order to establish jurisdiction for the purposes of Article 5(3) of Council Regulation No 44/2001 vis vis the other joint tortfeasor - Request for interpretation - N 2010/16

Place where the harmful event occurred - Allegations by the Italian defendant impairing the Austrian complainants reputation in the eyes of a Japanese undertaking - Place of the causal event in Italy - Place where the damage occurred in Japan - Austrian courts lacking jurisdiction - N 2010/21

Courts for the place where the harmful event occurred - Proceedings concerned with unfair competition on the Internet - Accessibility of the websites at issue to internet surfers of a given Member State and availability of the products at issue in that same State - Jurisdiction of the courts of that Member State - N 2010/32

Courts for the place where the harmful event occurred - Proceedings relating to the deduction in favour of a third party of fees from the funds of a company established in one Member State by a bank located in another Member State - Harmful event constituted by the debiting at issue carried out in the Member State of the bank - Courts of the Member State of establishment of the company lacking jurisdiction for the purposes of Article 5(3) of the Regulation - N 2010/33

Place of the harmful event - Definition of place within the meaning of Article 5(3) of the Regulation for the purpose of determining the jurisdiction of the court seised - Oil platform or fixed or floating installations situated on or above the continental shelf adjacent to a Member State - Included - N 2010/36

Place where the harmful event occurred - Harm allegedly caused by the offer, in a Member State (Italy), of funds not satisfying the requirements of Directive 85/611 relating to undertakings for collective investment in transferable securities, and by the distribution of a prospectus containing false information - Jurisdiction of the courts of the Member State of the offer at issue (Italy) - N 2010/40

Publication of an image on a music CD - Music CD on sale on an Internet site in Norway - Publication in Norway of that image on the Internet site as part of the marketing of the CD - Owner of the copyright in that image resident in Sweden - Copyright infringement - Pecuniary damage - Compensation for the unauthorised use of the image -Internet site written in Norwegian and English and directed only towards users and buyers of discs in Norway - Possibility for a purchaser resident in Sweden to make purchases on that Internet site - No commercial effect proved in Sweden - No occurrence of direct damage in Sweden - Swedish courts lacking jurisdiction - N 2010/49




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