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

Jurisdiction State courts are not entitled to hear any case as may be submitted to them there must be some kind of connection between the forum and the case it is for the PIL of the forum to determine which connection is relevant / sufficient rules on jurisdiction do so by setting forth “grounds” or “heads” of jurisdiction a State’s rules on jurisdiction govern the jurisdiction of the courts of that State alone Regulation (EU) No 1215/2012 (Brussels I bis): some general remarks its origin: the 1968 Brussels Convention, replaced by the 2000 Brussels I Reg. a piece of EU legislation the CJEU has the power to render preliminary rulings concerning its rules the Regulation takes precedence over conflicting domestic rules of MSs international conventions concluded by the EU take precedence over it “old” conventions concluded by MSs (with third countries) are not prejudiced a “double” instrument with rules on jurisdiction and the recognition and enforcement of judgments

Jurisdiction The Brussels I bis Regulation: its scope of application the material scope: “civil and commercial matters” (an ”autonomous” notion) … … corresponding to private law, generally understood, with several exclusions the geographical scope the temporal scope the personal scope: nationality immaterial; domicile may be relevant The general rule in Article 4 persons domiciled in a MS may be sued there domicile defined as regards natural persons: Article 62 as regards entities other than natural persons a ”general” rule, not a rule that always applies “exclusive” grounds of jurisdiction pre-empt Article 4 the rationale of the rule