Clear table of subject matter for BiA closed book section. Brief overview, best accompanied by a summary and/or course for in-depth explanation
Scheme of the materials of BiA you need to know for the closed part of the exam. Short summary, for more detailed information it's best to also read the...
Jurisdiction Requirements Court
Rights in - Restrictive interpretation (Webb v. Webb, Reichert, Gaillard, Locus rei sitae: courts of the MS
rem and Schmidt v. Schmidt) where the property is located
tenancie - Look at the main object of the proceedings (no forum shopping)
s in - Rei sitae qualification subject to qualification under national law
immovab (Ellmes Property Services, Weber v. Weber)
le - Tenancy can’t be time-share or complex travel arrangements
property (Klein, Hacker v. Euro-Relais)
Narrow - Temporary (6 months) Courts of the MS where the
alternati - Tenant is natural person defendant is domiciled
ve for - Private use
tenancie - Landlord and tenant are domiciled in the same MS
s of - Not complex (Roompot Services)
immovab
Exclusive jurisdiction
le
property
art. 24
- Only about life and death of companies + existence of the Courts of the MS in which the
Aspects decisions of their bodies company has its seat
of - Only disputes in which a party is challenging the validity of a
company decision by an organ of the company
law - Restrictive interpretation (BVG, BSH Hausgeräte)
- Judge can’t second-guess the intention of litigating parties (Koza v.
Akcil)
Validity - Restrictive interpretation (Barclay Pharmaceuticals) Courts of the MS in which the
of register is kept
entries
in public
registers
Registrat - Restrictive interpretation (GAT v. LUK, Hanssen) Courts of the MS in which the
ion or - DNI ≠ caught deposit or registration has been
validity applied for
of IP
rights European patent (≠ EU patent):
courts of each MS has exclusive
jurisdiction over the registration or
, JURISDICTION – BRUSSELS IA MATRIX
validity of European patents
Enforce - Can’t be used to reopen litigation (AS-Autoteile Service) Courts of the MS in which the
ment of judgment has been/is to be
judgmen enforced
ts
- Voluntary appearance of the defendant Court of a MS before which the
Jurisdiction by
- Not if appearance was entered to contest jurisdiction (ZX v. defendant appears
appearance/proro
Ryanair)
gation
art. 26 - Protected categories: judge has to inform defendant of his right to
contest + consequences
- Pure contracts of transport are excluded Consumer against the other party:
- There must be a contract: reciprocity (Ilsinger) - Courts of the MS of the domicile
- Concluded by a consumer (Bonnie Lackey) of the other party
- Consumer contract = private use: - Courts of the MS of the domicile
Consume - Dual use: professional use is negligible (Gruber) of the consumer
rs - Pre-existing general knowledge is irrelevant (Wurth
art. 17- Automotive, Petruchova, Reliantco) Other party against the consumer:
19 - Dynamic interpretation of consumer title (Schrems) - Courts of the MS of the domicile
- Secondary EU consumer law doesn’t impact the Brussels Ia of the consumer
Protected categories
qualification (Ryanair v. DelayFix, Pillar Securitisation)
- Either a default contract or meet the directed activities
art. 10-23
criteria (Pammer Alpenhof, Emrek)
- Subordination = supervision + instruction (Holterman) - Courts of the MS where the
- Dual capacity: employee qualification prevails for the entire employer is domiciled
relationship (Holterman) - Courts of the MS where the
- The contract is relevant (not the actual exercise, favor laboris) employee habitually carries out
(Markt24) his work
Employm - Lis pendens rules have precedence (Jamieson) - This can be the place
ent where the work hasn’t been
art. 20- carried out if this is not the
23 employee’s fault (Markt24)
- The courts of the MS where the
business is engaged
- The employee is the main
anchor, not the employer
(Noguiera v. Ryanair)
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