EU Private International Law
Show Less

EU Private International Law

Second Edition

Peter Stone

This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 4: Alternative jurisdiction

Peter Stone


INTRODUCTION In Chapter II of the Brussels I Regulation, Section 2 (Articles 5–7)1 specifies a variety of cases in which, by way of derogation from Article 3, a defendant who is domiciled in one Member State may be sued in another Member State. In such cases, the Regulation gives the plaintiff a choice of suing in the State of the defendant’s domicile in accordance with Article 2, or in a court of another Member State in accordance with Articles 5–7. The choice is given to the plaintiff, and it is not open to any of the courts involved to override the plaintiff’s choice on such grounds as the relative appropriateness or convenience of such courts.2 In contrast with Article 2, which confers jurisdiction on the courts in general of the Member State in which the defendant is domiciled, and leaves to the law of the State in question the allocation of jurisdiction between its courts, Articles 5–7 usually confer jurisdiction on a particular court of another Member State. The bases of jurisdiction used by Article 5 involve a connection between the cause of action and the territory of the court on which jurisdiction is conferred. As the European Court has frequently emphasised, this freedom of choice was introduced in view of the existence in certain well-defined cases of a particularly close relationship between a dispute and the court which may be most conveniently called upon to take cognisance of the matter.3 Thus, for example, Articles 5...

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.

Further information

or login to access all content.