Chapter 3: Domicile
THE GENERAL RULES ON DIRECT JURISDICTION The principal connecting-factor used by Chapter II of the Brussels I Regulation is the defendant’s domicile at the institution of the proceedings. The basic rules on direct jurisdiction are laid down by Articles 2–4 of the Regulation, which echo Articles 2–4 of the Brussels Convention without substantial alteration.1 Where the defendant is domiciled in a Member State, Article 2 of the Regulation confers jurisdiction on the courts of that State,2 and Article 3 deprives the courts of the other Member States of jurisdiction.3 Where the defendant is not domiciled in any Member State, Article 4 remits the jurisdiction of the courts of each Member State to the law of the State whose court is seised.4 These basic rules are subject to the exceptions specified in the remaining provisions of Chapter II. In this context, Recitals 8 and 9 to the Regulation explain that common rules on jurisdiction should, in principle, apply when the defendant is domiciled in a Member State; and that a defendant not domiciled in a Member State is in general subject to national rules of jurisdiction applicable in the Member State of the court seised. Recitals 11 and 12 add that the rules of jurisdiction must be highly predictable and founded on the principle that jurisdiction is generally based on the defendant’s domicile; that jurisdiction must always be available on this ground save in a few well-defined situations in which the subject-matter of the litigation or the autonomy...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.