Private International Law - Case Law Overview
1. Brussels Ia - General principles and the international element
Case Mention under Relevance / rule to remember
Gasser Mutual trust; Articles 29-31 Brussels Ia Mutual trust is the DNA of the Brussels system. Lis pendens rules cannot be bypassed merely because the court first seised is
slow (the classic Italian torpedo).
Turner Mutual trust; anti-suit injunctions A Member State court may not restrain proceedings before another Member State court through an anti-suit injunction: this
undermines mutual trust and effet utile.
Charles Taylor Adjusting v Starlight Mutual trust; recognition and enforcement A costs and indemnities order may function as a quasi-anti-suit injunction and may be refused recognition where it impedes
Shipping proceedings in another Member State.
Owusu International element; Article 4 Brussels Ia; An international element does not require parties from different Member States. Article 4 jurisdiction cannot be declined
forum non conveniens through a general forum non conveniens doctrine.
Lindner International element Nationality is not decisive, but a foreign nationality may contribute to the international element. The approach is flexible.
Commerzbank International element; consumer contracts Confirms a flexible interpretation of the international element in the consumer context. Compare carefully with Rome I.
ZN v Generalno konsulstvo na Republika International element Further confirmation of the flexible interpretation of the international element.
Bulgaria
Inkreal International element; Article 25 Brussels Ia A choice-of-court clause appointing the courts of another Member State can itself create the required international element.
Maletic International element Further illustration of the flexible approach to the international element in consumer disputes involving connected traders.
Gray v Hurley International element; national illustration Illustrates uncertainty where the defendant's domicile cannot be identified and there is no firm evidence of a domicile outside
the EU.
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, Private International Law - Case Law Overview
2. Brussels Ia - Civil and commercial matters: Article 1
Case Mention under Relevance / rule to remember
Eurocontrol Article 1(1) Brussels Ia Civil and commercial matters is an autonomous EU concept. A dispute involving a public body falls outside Brussels Ia only
where that body acts iure imperii.
Steenbergen Article 1(1) Brussels Ia Applies the autonomous interpretation to recovery proceedings involving a public body.
Sonntag Article 1(1) Brussels Ia The type of court hearing the claim is irrelevant; the legal relationship and the powers exercised matter.
Sapir Article 1(1) Brussels Ia A public body may still be involved in a civil and commercial matter where it acts in a private-law capacity.
Fahnenbrock Article 1(1) Brussels Ia No acta iure imperii where governmental conduct does not have a direct and immediate effect on the legal relationship. Later
case law stresses context.
Kuhn Article 1(1) Brussels Ia Emphasises context and appears to soften Fahnenbrock's direct-and-immediate-effect test.
Dinant Bar v Maitre DN Article 1(1) Brussels Ia Bifurcation is possible: one part of a case may fall within Brussels Ia while another part falls outside it.
Supreme Site Services Article 1(1) Brussels Ia Returns to Eurocontrol: exclusion may follow from either the legal relationship or the subject matter and detailed rules
governing the action.
Belgische Staat v Movic Article 1(1) Brussels Ia Pursuit of a general interest is not itself exercise of public powers. Examine whether the authority relies on investigative powers
unavailable to private parties.
Obala v NLB Article 1(1) Brussels Ia Illustrates the debate between focusing on the legal relationship and the subject matter when identifying public powers.
Maha Article 1(1) Brussels Ia A claim inextricably linked to a public seizure of property falls outside civil and commercial matters.
SKAT v Solo Capital Partners Article 1(1); national illustration Illustrates claim formulation where foreign revenue or public-law claims are involved and why fraud allegations may matter.
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, Private International Law - Case Law Overview
3. Brussels Ia - Arbitration exclusion
Case Mention under Relevance / rule to remember
Rich Article 1(2)(d) Brussels Ia The exclusion also covers proceedings whose subject matter is arbitration itself, such as the appointment of an arbitrator.
Van Uden Article 1(2)(d) and Article 35 Brussels Ia A provisional measure sought in parallel with arbitration may fall within Brussels Ia where the measure itself does not concern
arbitration.
West Tankers Article 1(2)(d); recital 12 Brussels Ia An arbitral anti-suit injunction falls within the arbitration exclusion, while an incidental issue about an arbitration agreement
does not necessarily remove the underlying dispute from Brussels Ia.
London Steam-Ship Owners' Mutual Article 1(2)(d); recital 12; recognition Modern illustration of the difficult boundary between arbitration, Member State judgments and recognition.
Insurance Association v Spain (The
Prestige)
Page 3
1. Brussels Ia - General principles and the international element
Case Mention under Relevance / rule to remember
Gasser Mutual trust; Articles 29-31 Brussels Ia Mutual trust is the DNA of the Brussels system. Lis pendens rules cannot be bypassed merely because the court first seised is
slow (the classic Italian torpedo).
Turner Mutual trust; anti-suit injunctions A Member State court may not restrain proceedings before another Member State court through an anti-suit injunction: this
undermines mutual trust and effet utile.
Charles Taylor Adjusting v Starlight Mutual trust; recognition and enforcement A costs and indemnities order may function as a quasi-anti-suit injunction and may be refused recognition where it impedes
Shipping proceedings in another Member State.
Owusu International element; Article 4 Brussels Ia; An international element does not require parties from different Member States. Article 4 jurisdiction cannot be declined
forum non conveniens through a general forum non conveniens doctrine.
Lindner International element Nationality is not decisive, but a foreign nationality may contribute to the international element. The approach is flexible.
Commerzbank International element; consumer contracts Confirms a flexible interpretation of the international element in the consumer context. Compare carefully with Rome I.
ZN v Generalno konsulstvo na Republika International element Further confirmation of the flexible interpretation of the international element.
Bulgaria
Inkreal International element; Article 25 Brussels Ia A choice-of-court clause appointing the courts of another Member State can itself create the required international element.
Maletic International element Further illustration of the flexible approach to the international element in consumer disputes involving connected traders.
Gray v Hurley International element; national illustration Illustrates uncertainty where the defendant's domicile cannot be identified and there is no firm evidence of a domicile outside
the EU.
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, Private International Law - Case Law Overview
2. Brussels Ia - Civil and commercial matters: Article 1
Case Mention under Relevance / rule to remember
Eurocontrol Article 1(1) Brussels Ia Civil and commercial matters is an autonomous EU concept. A dispute involving a public body falls outside Brussels Ia only
where that body acts iure imperii.
Steenbergen Article 1(1) Brussels Ia Applies the autonomous interpretation to recovery proceedings involving a public body.
Sonntag Article 1(1) Brussels Ia The type of court hearing the claim is irrelevant; the legal relationship and the powers exercised matter.
Sapir Article 1(1) Brussels Ia A public body may still be involved in a civil and commercial matter where it acts in a private-law capacity.
Fahnenbrock Article 1(1) Brussels Ia No acta iure imperii where governmental conduct does not have a direct and immediate effect on the legal relationship. Later
case law stresses context.
Kuhn Article 1(1) Brussels Ia Emphasises context and appears to soften Fahnenbrock's direct-and-immediate-effect test.
Dinant Bar v Maitre DN Article 1(1) Brussels Ia Bifurcation is possible: one part of a case may fall within Brussels Ia while another part falls outside it.
Supreme Site Services Article 1(1) Brussels Ia Returns to Eurocontrol: exclusion may follow from either the legal relationship or the subject matter and detailed rules
governing the action.
Belgische Staat v Movic Article 1(1) Brussels Ia Pursuit of a general interest is not itself exercise of public powers. Examine whether the authority relies on investigative powers
unavailable to private parties.
Obala v NLB Article 1(1) Brussels Ia Illustrates the debate between focusing on the legal relationship and the subject matter when identifying public powers.
Maha Article 1(1) Brussels Ia A claim inextricably linked to a public seizure of property falls outside civil and commercial matters.
SKAT v Solo Capital Partners Article 1(1); national illustration Illustrates claim formulation where foreign revenue or public-law claims are involved and why fraud allegations may matter.
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, Private International Law - Case Law Overview
3. Brussels Ia - Arbitration exclusion
Case Mention under Relevance / rule to remember
Rich Article 1(2)(d) Brussels Ia The exclusion also covers proceedings whose subject matter is arbitration itself, such as the appointment of an arbitrator.
Van Uden Article 1(2)(d) and Article 35 Brussels Ia A provisional measure sought in parallel with arbitration may fall within Brussels Ia where the measure itself does not concern
arbitration.
West Tankers Article 1(2)(d); recital 12 Brussels Ia An arbitral anti-suit injunction falls within the arbitration exclusion, while an incidental issue about an arbitration agreement
does not necessarily remove the underlying dispute from Brussels Ia.
London Steam-Ship Owners' Mutual Article 1(2)(d); recital 12; recognition Modern illustration of the difficult boundary between arbitration, Member State judgments and recognition.
Insurance Association v Spain (The
Prestige)
Page 3
