On your bike: jurisdiction in European product liability cases

The Brussels Regulation sets out a system that allocates jurisdiction to the courts of EU member states.

Article 2 of the Brussels Regulation contains the fundamental principle that the defendant should be sued in the courts of the place where he is domiciled (regardless of his nationality). Article 2 provides that the jurisdiction is always given to the court in the defendant’s domicile, but the regulation includes alternative grounds for special jurisdiction in certain circumstances, which allows for there being two possible forums: the jurisdiction of the defendant’s domicile and that which the special rules dictate.

Article 5(3) is one of those rules. For matters of tort, a claimant may sue the defendant in the courts of the place where the harmful event occurred or may occur, which in effect means where the event giving rise to the damage occurred…

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