Suing the defendant in EU country – basic question: rules of jurisdiction.

Council Regulation (Ec) 44/2001 of 22 Dec. 2000 on jurisdiciton and the recognition and enforcement of judgment in civil and commercia matters.  

 As it's known, the basic principle to determine the court where the plaintiff can sue someone is the following: “jurisdiction is to be execised by the EU country in which the defendant have its own domiciled” regardless his/her nationality to be sued in his country.

The domicile is determinated in accordance with the domenstic law of the EU country where the matters arisen;

   If a party is not domiciled in the EU contry of the court considering the matter, to determine the right court :"the judge have to apply the law of another Eu country to determine whether the party is domiciled is said state".

   In the case of legal persons or firms, domicile is determinated by the country where they have their statutory seat, central administration or principal business.

Is it allowed suing the defendant in another EU country ?

   Considering the principle above mentioned, in certain circumstances there are some exceptions where a defendant may be sued in the courts of another EU country.

   Infact the European regulation provide a lists area of jurisdictions where this is so:

• special or exclusive jurisdiction;
• jurisdiction on matters relating to insurance,
• consumer contracts;
• individual contracts of employment.

The courts' special jurisdiction includes the following:

- matters relating to a contract: as general rule, these will be dealt with by the courts for the place of performance of the obligation in question;

- matters relating to maintenance: as general rule, these are to be brought before the courts for the place where the maintenance creditor is residente;

- matters relating to liability for wrongful acts – torts, delict or quasi delict: these will be decided by the courts for the place where the harmful event occurred or may occur.

Cases:

a) in matters relating to insurance, an insurer may be sued in the courts of the Eu country where he/she is domiciled or of the Eu country where the plaintiff is domiciled if the actions are brought by the policy holder, the insured or a beneficiary.

b) the European regulation also lays down rules on jurisdiction in matters relating to contracts concluded by consumers¹.

The counsumer may bring proceedings either in the courts of the EU country in which the defendant is domiciled or in the courts for the place where the consumer (the plaintiff) is domiciled.

 Proceedings may be brought against a consumer by the other party to the contract only in the courts of the EU in which the consumer is domiciled.

1 Definition of a consumer: in the EU legislations “consumers” are defined as persons who conclude a contract with a professional for a purpose outside of their own trade or profession.

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