Private International Law

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Presentation transcript:

Private International Law Academic Year 2018/2019 Pietro Franzina – pietro.franzina@unife.it

Jurisdiction The rules of “special” jurisdiction presuppose that the defendant is domiciled in a MS enable the claimant to sue in a MS other than the MS of the defendant’s domicile reflect a concern for proximity and predictability Jurisdiction over matters relating to a contract: Article 7(1) “contract” defined: the Court of Justice in Handte, Tacconi, Granarolo, Schmidt covered proceedings: those relating to an obligation / the contract as such the traditional rule in Article 7(1)(a) the relevant obligation: De Bloos, Shenavai the place of performance of that obligation: Tessili, Custom Made the particular rules in Article 7(1)(b) “sale of goods” and “provision of service” defined: Falco, Corman Collins the relevant obligation: Color Drack the place of performance of that obligation: Car Trim, Wood Floor Solutions