Court of Justice of the 
European Communities
L-2925 Luxembourg
Nº 2006/34

Library, Research
and Documentation

Recent case-law relating to the Brussels 
and Lugano Conventions on Jurisdiction 
and the Enforcement of Judgments in Civil 
and Commercial matters


Art. 5(3)

Court  :  Areios Pagos
Date  :  05.12.2003
Parties  :  Athanasakos v Hatramo Haven en Transportbedrijf Moerdijk BV
Publication  :  International Litigation Procedure 2006 p.699-704

Keywords  : 
E-05.03 Brussels Convention - Special jurisdiction - Matters relating to tort, delict or quasi-delict - 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
Summary  : 
  For the purposes of applying Article 5(3) of the Convention, the determination of the place of the harmful event is carried out on the basis of the definition of the harm suffered by the claimant. By "harm" is meant the damage caused to the person or property of the claimant which has a relationship of cause and effect with the harmful event. Consequently, if, following the first manifestation of damage at the place of the harmful event, other damage becomes apparent in another place in another Contracting State as the ulterior consequence of the initial damage, the courts of that State have no jurisdiction to hear the action in delict on the basis of Article 5(3) of the Convention. The Greek courts accordingly have no jurisdiction to hear such an action for compensation for physical injury and pain and suffering suffered from an accident in the Netherlands, the place where the claimant was seriously injured and where the first urgent treatment was given, when there were further harmful consequences requiring complementary treatment in Greece.

Annex  : 

Judgment in original language (Greek)