CURIA

Brussels and Lugano Conventions
Regulation 44/2001

Classification Scheme



E Convention on Jurisdiction and Enforcement of Judgments
E-06 Special jurisdiction in case of related proceedings
E-06.03 Counter-claim

Counterclaim - Definition - Claim for compensation - N° 1993/11

Claim 'arising from the contract or the fact on which the original claim was based' - Definition - Comparison with the concept of related actions within the meaning of article 22 paragraph 3 of the Convention - N° 1993/11

Claim for compensation - Application by analogy of article 6(3) - Claim not related to the contract or to the fact on which the original claim was based - Lack of jurisdiction with respect to that claim - Compensation inadmissible - N° 1993/36

Principal claim aiming at the payment of the price of products delivered in the framework of an exclusive distributorship contract - Counterclaim for the payment of damages for breach of the exclusivity clause - Jurisdiction first contested before the Court of appeal - Applicability of article 6(3) - N° 1994/24

Counterclaim - Definition - Claim by the defendant in the main proceedings seeking the pronouncement of a separate judgment or decree - Defence seeking to set off a claim by the defendant against a claim by the plaintiff - Excluded - N° 1996/1

Original claim based on a contract establishing a company - Counterclaim based on a sales contract - Absence of requisite connecting link - Inapplicability of Article 6, point 3 of the Convention - Lack of jurisdiction of the court seized - N° 1999/20

Conditions - Connecting link with the original action - Principal claim for payment for goods delivered - Plea of set-off, in the form of an action for payment of a debt due on a winding up, against the branch of the original applicant - Absence of sufficient link with the original claim - Lack of jurisdiction of French courts - N° 2000/33

Original claim for payment of the sale price - Counterclaim for defective performance of the sale contract by the seller - Claims founded in part on the same factual circumstances and giving rise to the same pleas - Applicability of Article 6(3) of the Convention - Jurisdiction of the court in which the original claim is pending - N° 2001/30




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