Examples of Regulation 44/2001 in a sentence
A similar requirement can be found in Article 15 of Regulation 44/2001, known as the Brussels Regulation, which deals with contract disputes involving more than one country.
We reserve the right to invoke any other court that has jurisdiction under the Jurisdiction of Courts and the Enforcement of Judgements (European Communities) Act of 27 September 1968, or under EU Regulation 44/2001 respectively 1215/2012.
By its judgment of 14 January 2009 the Landesarbeitsgericht Xxxxxx-Xxxxxxxxxxx rejected the agreement on jurisdiction, considering that it did not satisfy the conditions laid down in Article 21 of Regulation 44/2001, as it had been concluded before the dispute arose and referred the employee to the Algerian courts exclusively.
The plaintiff’s referred to Article 5(3) of EU Regulation 44/2001 which states that “in matters relating to tort, delict or quasi-delict” a defendant domiciled in a Member State may be sued in the courts for the place where the harmful event occurred or may occur.
While Luxembourg case- law has recognised the validity and enforceability of such jurisdiction clauses in the past (under the convention on jurisdiction and the enforcement of judgments in civil and commercial matters dated 27 September 1968, as amended), some uncertainty has arisen (even outside France) as to the validity and effectiveness of such clauses under Regulation 44/2001 as a result of the French decision.
Determination of the place of residence within the meaning of this Division shall be based on Article 59 of EU Council Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
Being a facultative additional protocol to the existing European treaties and directives, the Draft for EPLA will be bound by these rules, among others Council Regulation 44/2001 which governs jurisdiction over national intellectual property (IP) rights in Europe35.
International treaties, including bilateral agreements not listed here as well as Council Regulations, have priority over national code provisions.54 Article 5(3), Regulation 44/2001, and Article 5(3), Lugano Convention.
While Luxembourg case-law has recognised the validity and enforceability of such jurisdiction clauses in the past (under the convention on jurisdiction and the enforcement of judgments in civil and commercial matters dated 27 September 1968, as amended) as well as recently under Regulation 44/2001 (Cour x’Xxxxx, 7 December 2016, n° 42351 du rôle, Pas.
Legal considerationsThe German Supreme Court’s decision sets out from the premise that, based on EU Council Regulation 44/2001 on jurisdiction and the recognition andenforcement of judgments in civil and commercial matters (the Regulation), the German courts would have jurisdiction, as the defendant’s seat is within Germany, unless the parties had derogated from this general rule in accordance with article 23 paragraph 1 of the Regulation.