June 02
2020
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14th May 2020
Competition & State Aid Justice & Litigation

Pending preliminary reference on the interplay between EU and national law for determination of jurisdiction regarding torts, delicts or quasi-delicts

Official publication has been made of a request for a preliminary ruling (C-30/20) lodged by the Commercial Court No. 2 of Madrid (Juzgado de lo Mercantil núm. 2 de Madrid) in the case RH v AB Volvo and Others.

The case concerns the meaning of Article 7(2) of Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which establishes that a person domiciled in a Member State may be sued in another Member State: ‘… in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur’.

Specifically, the referring court asks the Court of Justice whether this provision must be interpreted as establishing only the international jurisdiction of the courts of the Member State for the aforesaid place, meaning that the national court with territorial jurisdiction within that State is to be determined by reference to domestic rules of procedure. The Spanish court also asks whether Article 7(2) of the Directive should be interpreted as a combined rule which, therefore, directly determines both international jurisdiction and national territorial jurisdiction, without any need to refer to domestic regulation.

The request is available here.

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