{"id":10198,"date":"2022-07-06T15:08:18","date_gmt":"2022-07-06T15:08:18","guid":{"rendered":"http:\/\/legalblog.ie\/jurisdiction-eu-issues\/"},"modified":"2024-02-26T20:49:34","modified_gmt":"2024-02-26T20:49:34","slug":"jurisdiction-eu-issues","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/jurisdiction-eu-issues\/","title":{"rendered":"Jurisdiction EU Issues"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/jurisdiction-eu-issues\/#Branch_or_Agency\" title=\"Branch or Agency\">Branch or Agency<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/jurisdiction-eu-issues\/#Multiple_Parties\" title=\"Multiple Parties\">Multiple Parties<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/jurisdiction-eu-issues\/#Two_EU_States_have_Jurisdiction\" title=\"Two EU States have Jurisdiction\">Two EU States have Jurisdiction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/jurisdiction-eu-issues\/#Court_First_Seised\" title=\"Court First Seised\">Court First Seised<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/jurisdiction-eu-issues\/#Staying_Issues\" title=\"Staying Issues\">Staying Issues<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/jurisdiction-eu-issues\/#Property\" title=\"Property\">Property<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/jurisdiction-eu-issues\/#Pre-Trial_Protective\" title=\"Pre-Trial Protective\">Pre-Trial Protective<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Branch_or_Agency\"><\/span>Branch or Agency<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the case of a dispute arising out of the operation of a branch, agency or establishment, the person may be sued in the EU state where it is situated. Operations may cover contractual and non-contractual matters and obligations arising from its activities.<\/p>\n<p>This allows injured parties to take legal action against a branch or agency in the place where it is established, if he has dealt with that branch or agency.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Multiple_Parties\"><\/span>Multiple Parties<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a dispute involves multiple parties, it may be convenient and expedient for one court to hear all disputes where a number of defendants are domiciled in different EU states.\u00a0 \u00a0 \u00a0 Two joint debtors domiciled in different countries and EU countries may be sued in either.\u00a0 Jurisdiction can be taken against co-defendants only if the claims are so closely connected that it is expedient to hear and determine together to avoid the risk of inconsistent orders from separate proceedings.<\/p>\n<p>The defendant may wish to join other parties to the proceedings. Third parties may generally be joined if they are in the EU.\u00a0 The principal exception is where it is shown that the proceedings are deliberately brought in that third county to deny jurisdiction to a court that would otherwise apply.<\/p>\n<p>A person may be sued on a counterclaim by the person he has sued provided the claim arises on the same matter or fact as the original claim.\u00a0 In contrast, a defence is a natural part of the proceedings and would not need to satisfy jurisdictional requirements.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Two_EU_States_have_Jurisdiction\"><\/span>Two EU States have Jurisdiction<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In some cases, under the EU rules, two states may have the power or jurisdiction to hear the claim. \u00a0For example, a claim based on a contract may be brought where the defendant is domiciled or where the performance is to take place.<\/p>\n<p>The regulation seeks to ensure that different States will not issue conflicting judgments on the same or related matters.\u00a0 There are rules and provisions designed to reduce this possibility.<\/p>\n<p>There are two possibilities. \u00a0The first is where proceedings affecting the same issues have been commenced in two jurisdictions.\u00a0 In this case the second is where proceedings on related issues are being pursued. \u00a0In general terms, the regulations give precedence to the Court where the proceedings have commenced or seised of the proceedings.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Court_First_Seised\"><\/span>Court First Seised<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The key question is which Court is first seised of the dispute.\u00a0 The regulations generally provide that a Court is seised when the proceedings are lodged with the Court.<\/p>\n<p>However, this will not be the case if proceedings are lodged and t the applicant has not subsequently failed to take the steps he was required to take to have service effected on the respondent or \u00a0if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he was required to take to have the document lodged with the court.\u2019<\/p>\n<p>The general principle is that where proceedings regarding the same subject matter are before two courts in EU states, the court that is first seised has priority, and the other court should stay or decline jurisdiction.\u00a0 If, however, for example, the court whose jurisdiction is first seised is successfully challenged, then the stay may be lifted in the court&#8217;s second seised. Generally, the second court must simply decline jurisdiction rather than review the power of the first court.<\/p>\n<p>The subject matters must relate to the same questions and the same matters. \u00a0A claim for a civil wrong\/tort and a claim for breach of contract would not be the same.\u00a0 Difficult questions of interpretation may arise as to whether they relate to the same matters.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Staying_Issues\"><\/span>Staying Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The rules do not apply where the Court second seised has exclusive jurisdiction.\u00a0 In a commercial case, jurisdiction conferred by agreement will take priority, and the second Court would not have to stay proceedings.<\/p>\n<p>It is a matter for the first Court to rule on the jurisdiction agreement in favour of the second Court.\u00a0 The first Court should decline jurisdiction, thereby enabling the proceedings in the second Court in whose favour the jurisdiction clause is to proceed.<\/p>\n<p>Apart from where the EU rules say that proceedings must or may be stayed, there is no general discretion to do this. \u00a0Unlike the non-EU rules that apply where there is no EU connection, the EU rules may be mandatory in certain cases.\u00a0 There is no general power for a Court to simply stay proceedings because it is not convenient, as would be the case under the non-EU rules.<\/p>\n<p>Actions are deemed related when they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments from the same proceedings.\u00a0 In this case, the second Court has the discretion to stay the proceedings. The issue may arise where there is a risk that the Courts may reach contradictory conclusions on the same fact even though not the same dispute.<\/p>\n<p>A broad common-sense view is taken. \u00a0Either party may apply to have the Court exercise its discretion to stay the proceedings. The Court may decide not to review where the risk of irreconcilable judgments is small or is dependent on contingent factors.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Property\"><\/span>Property<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Cases involving land or immovable property are not subject to the EU rules.\u00a0 They are within the exclusive jurisdiction of the Court where the land or property is situated.\u00a0 This rule applies to both non-EU and traditional rules.\u00a0 It follows from the principle that immovable property is under the control of the Courts of the jurisdiction concerned that any order would be possibly ineffective and also that the local Courts are the best place to resolve the technical and complex issues that may arise about the title to land.<\/p>\n<p>However, the rule does not apply to all matters connected with property.\u00a0 A Court is obliged to enforce obligations in a contract or trust, even if this means ordering a party to transfer a right in foreign lands.\u00a0 In this case, the Court is not adjudicating on the title or ownership of land but is making a personal order against the person concerned to take the requisite steps in the jurisdiction where the land is situated.\u00a0 The Court would not order the person to do something in relation to the land, which a foreign country would not be entitled to do.<\/p>\n<p>A Court may order specific performance in relation to a foreign land sale and may order the execution of a mortgage.\u00a0 It may order the transfer of lands arising from fraud, fiduciary relationship or trust.\u00a0 The orders do not affect the foreign land.\u00a0 They are enforceable only personally against the defendants. These cases fall outside regarding title or possession of foreign buildings or lands.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Pre-Trial_Protective\"><\/span>Pre-Trial Protective<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the context of pending litigation, it is generally possible to obtain certain pre-trial orders. \u00a0These include orders freezing the position pending determination of the outcome of the case, orders for discovery of documents and inspection, orders not to move assets from the jurisdiction and orders to enter and search property.<\/p>\n<p>The EU rules provide that an application may be made in one state for protective measures that may be available under the law of that state, even if another EU state has jurisdiction in relation to the matter itself.\u00a0 The legislation applies, provided the rights are civil or commercial.<\/p>\n<p>It applies to orders that are designed to preserve a position in one state so as to safeguard rights that are the subject of litigation in another state.\u00a0 It does not apply to orders seeking interim payment or examining witnesses to determine the merits of a dispute.\u00a0 It does apply to freezing injunctions.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-10198\" data-postid=\"10198\" class=\"themify_builder_content themify_builder_content-10198 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Branch or Agency In the case of a dispute arising out of the operation of a branch, agency or establishment, the person may be sued in the EU state where it is situated. Operations may cover contractual and non-contractual matters and obligations arising from its activities. This allows injured parties to take legal action against [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[154],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10198"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10198"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10198\/revisions"}],"predecessor-version":[{"id":32370,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10198\/revisions\/32370"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10198"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10198"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10198"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}