Brussels I. Scope of Application Radka Chlebcová.

Brussels I. Scope of Application

Radka Chlebcová

Structure of the presentation• Scope of application/Sorts of Jurisdiction• Third state problem• How efficiently do we read case-law• Critical reading• Case-law analysis based on critical reading mechanisms (Group Josi and

Owusu)

Scope of application

Which scopes of application do you know?

Scope of application

• Temporal• Material • Territorial • Personal

Jurisdictions• Exclusive • Protective (special)• Voluntary appearance • Prorogation of jurisdiction• Alternative • General

What about third states?

• Extracommunity cases • Is Brussels I applicable?• Member as well as non-member courts are involved • Base for jurisdiction?

Brussels I

• Silent on this issue!

• Any clues?• ECJ answer?

Group Josi case-law

• Have you read the cases?• Properly? Carefully? Efficiently?

• Let’s check it!

Group Josi & Owusu case-law• Who where the parties? • Which court had asked the ECJ for preliminary ruling? • Where the plaintiff was domiciled? • Where the defendant was domiciled? • What was the procedural path of the cases?

Group Josi & Owusu case-law• How did the parties argued?• Did the ECJ followed the argumentation of one of the

parties?• The domicile of which party is decisive? Are there

any exceptions? In which cases? What is the reasoning for these exceptions?

• What was the procedural path of the cases?• Who was Euromepa?

How to read more efficiently?• Reading case-law is hard job• Nevertheless: Your future job!• Read, understand, analyse, create argument based on the case law

Critical reading

helps to read better

Critical reading • Reading of statutes and case-law and thinking of the content • It’s a learned skill!• To get ideas, deeply comprehend and analyse your task or client’s

question• carefully, comprehensively, and efficiently

3 steps of critical reading

• Get the context

• Skim the text

• Read and question the text

Repeat the third step multiple times

Reading judicial opinions • Caption• Holdings• Contextual information

– Procedural history and Facts statement– Issue or issues– Court’s analysis

• The rule• The holding or holdings (conclusion)• The reasoning• Dicta

– The judgment– Concurring or dissenting opinions

Group Josi C-412/98

• Start with the hand out’s questions• After answering the simpler one go the court’s reasoning• Analyse every step of the argumentations

Mentioned articles

• Art. 5(2)• Art. 23• Art. 24• Art. 22

Remember!• The Brussels I system of jurisdiction rules is not usually based on the

plaintiff’s domicile• Nor is it based on the nationality• The fundamental principle is defendant’s domicile.• Exceptions are expressly specified

Owusu C-281/02

• Start with the hand out’s questions• After answering the simpler one go the court’s reasoning• Analyse every step of the argumentations

From the argumentation• International nature of convention• No legal relationship involving a number of member states• Comparison with the exclusive jurisdiction and prorogation, lis pendens• Internal market argument

Remember• International element may derived from involvement of member and non-

member state. • Art. 2 is mandatory in the nature – no derogation except expressly

provided for• It’s not possible to use forum non convenience for denying jurisdiction

Conclusion

• Critical reading and analysis skills are essential for you future job

• Read read read and never give up!

Thank you for your attention!

Děkuji za pozornostTento studijní materiál byl vytvořen jako výstup z projektu č. CZ.1.07/2.2.00/15.0198

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Tento projekt je spolufinancován Evropským sociálním fondem a státním rozpočtem České republiky.