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…
Click on the link below to read the rest of the Walker Morris briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The High Court has determined preliminary issues in a professional negligence claim against a firm of conveyancing solicitors brought by a mortgage lender.
For employers who hold a sponsorship licence, getting it wrong could result in the revocation of that licence and a curtailment on their ability to recruit overseas workers.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.