1. Private International Law
Academic Year 2018/2019
Pietro Franzina –

2. 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

3. 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