Research Handbook on the Brussels Ibis Regulation
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Research Handbook on the Brussels Ibis Regulation

Edited by Peter Mankowski

This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.
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Chapter 3: Negotiorum gestio and the Brussels Ibis Regulation

Tim W. Dornis

Abstract

The issue of jurisdiction for negotiorum gestio claims is more than complex. By definition, the parties have not concluded a contract. In most cases, there has been no tortious or delictual conduct, nor can unjust enrichment be found. Hence, since none of the heads of special jurisdiction in Art. 7 Brussels Ibis Regulation applies, the conclusion seems to be that negotiorum gestio claims must be brought under Art. 4 Brussels Ibis Regulation, at the respective defendant’s domicile. However, this would be too simple a solution. As a closer look unveils, the doctrine of negotiorum gestio is determined by conflicting considerations of individual freedom and public interest. Although the exact balancing will depend on the national lawmakers’ preferences, agreement exists that the principal’s domain of private autonomy must be demarcated against the intervenor’s unsolicited (yet possibly utile) interference by a distinct allocation of claims and counterclaims for disgorgement, compensation and reimbursement. As in substantive law, this divergence of interests is also reflected in civil-procedural law, namely with regard to the determination of jurisdiction. Accordingly, negotiorum gestio’s multiple scenarios must not be categorized uniformly as ‘matters relating to a contract’ or as ‘matters relating to a tort, delict or quasi-delict’. Nor can the doctrine’s claims be assigned in toto to Art. 4 Brussels Ibis Regulation. Instead, jurisdiction must be allocated in accordance with the doctrine’s different substantive law segments.

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