Determining Competent Jurisdiction and Applicable Law
Download
Read an extract
Themes
Rome I Regulation, Rome II Regulation, Brussels I bis Regulation, jurisdiction allocation clause, applicable law, international disputes, anti-competitive agreement, contractual obligations, non-contractual obligations
Reader
Abstract
Extract
of 4
Abstract
This document discusses the competent jurisdiction and applicable law in a dispute involving a French national residing in Portugal and a travel agency.
Extract
[...] Furthermore, the choice of French law is also valid, unless this choice contravenes imperative provisions of another applicable law by default, which does not seem to be the case. Thus, the jurisdiction attribution clause designating the French courts appears to be enforceable. Similarly, the choice of French law is valid, unless it is shown that Mr. Marinni would be deprived of imperative protection under another applicable law. III- The competence and applicable law to the dispute of Olympe Olympe, daughter of Mr. [...]
[...] The competence of French courts in international disputes is governed by the Brussels I bis Regulation. Its Article attributes jurisdiction to the court of the place where the damage occurred or is likely to occur To do so, it is necessary to take into account both the place of the causal event as well as that of the realization of the damage. In this case, the agreement would have taken place during meetings in Seville, but the effects 15% price increase) would have manifested in France, where the purchasing professionals reside. [...]
[...] In the event of moral damage suffered by Olympe due to her father's sequelae, the place where the damage occurred could be interpreted as Portugal. In non-contractual matters, Article 4 of the Rome II Regulation designates the place where the direct damage occurs. However, Article 5 provides specific rules for damages caused by defective products, which is not the case here. In this case, the Portuguese courts could be competent and the applicable law to Olympe's action would be that of the place where the direct damage occurred, namely Portugal. Also, Olympe could act before the Portuguese jurisdictions, which would apply Portuguese law. [...]
[...] In these conditions, French courts are competent and the applicable law to the action in liability is French law. II- The validity of jurisdiction allocation clauses and d'electio juris in the contract of Mr. Marinni Mr. Marinni, residing in France, concluded a travel contract with an agency based in New York. This contract, subject to French law, also includes a jurisdiction allocation clause in favor of French courts. During a trip to Brazil, Mr. Marinni was seriously injured and wishes to hold the agency liable and questions the validity of the contractual clauses. [...]
