EU Private International Law

EU Private International Law

Harmonization of Laws

Elgar European Law series

Peter Stone

This book focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. It offers critical assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.

Chapter 6: Exclusive Jurisdiction

Peter Stone

Subjects: law - academic, european law, private international law


OVERRIDING CHARACTER Article 22 of the Brussels I Regulation provides for exclusive jurisdiction over certain proceedings by reason of their principal subject-matter. The rules laid down by Article 22 are overriding in character. They apply regardless of domicile,1 appearance,2 or contrary agreement between the parties to the dispute.3 A court seised contrary to Article 22 must decline jurisdiction of its own motion,4 and a judgment given in contravention of Article 22 must be refused recognition and enforcement in the other Member States.5 Article 22 of the Brussels I Regulation6 provides: The following courts shall have exclusive jurisdiction, regardless of domicile: 1. in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Member State in which the property is situated. However, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Member State in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same Member State; 2. in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or of the validity of the decisions of their organs, the courts of the Member State in which the company, legal person...

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