EU Private International Law
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EU Private International Law Second Edition

Second Edition

  • Elgar European Law series

Peter Stone

This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
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Chapter 3: Domicile

Peter Stone

Extract

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...

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