Jurisdiction in Contract and Tort

Jurisdiction in Contract and Tort under the Brussels Convention presents the results of a research project concerning the Brussels Convention jurisdiction rules applicable in cases of contract and tort. The primary aim is to provide a detailed analysis and evaluation of the jurisdiction rules in contract and tort found in the Brussels Convention. This, in turn, leads to a discussion of the need for reform of specific jurisdiction rules or of the Brussels Convention generally.

The Brussels Convention lays down common jurisdiction rules for the 15 Member States of the European Union. The Brussels Convention is interpreted by the Court of Justice of the European Communities in a preliminary questions procedure similar to the Article 177 Treaty of Rome procedure, which means that the Convention has an impact on the national legal systems equal to that of European Community law proper.

In consequence, the approach taken here is to examine the Brussels Convention from the perspective of European Community law. The decisions of the Court of Justice thus take centre stage, but national case-law is given extensive coverage as well. In total, the study covers about 250 national decisions.

Jurisdiction in Contract and Tort under the Brussels Convention includes a number of reform proposals, and a draft of amendments incorporating the proposals can be found in an appendix.