| 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 (Regelungsverfügung) 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 - Consumer’s 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 - Consumer’s 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 applicant’s 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 – Applicant’s 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
applicant’s 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
defendant’s domicile – Extinction – Amendment – Damages – Application
also including Member States other than the Member State of the
applicant’s domicile – Place where the damage resulted and place where
the harmful event occurred – Applicant’s 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 - Applicant’s
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 defendant’s 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 recipient’s 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 |
