Jurisdiction over ‘matters relating to a contract’ under the Brussels I (Recast) Regulation: No direct contractual relationship required: Joined Cases C-274/16, C-448/16 and C-447/16 flightright GmbH v. Air Nostrum, Líneas Aéreas del Mediterráneo SA, Roland Becker v. Hainan Airlines Co. Ltd and Mohamed Barkan and Others v. Air Nostrum, Líneas Aéreas del Mediterráneo SA, EU: C:2018:160
| Published date | 01 August 2018 |
| DOI | 10.1177/1023263X18794405 |
| Date | 01 August 2018 |
| Subject Matter | Case note |
Case note
Jurisdiction over ‘matters
relating to a contract’ under
the Brussels I (Recast)
Regulation:Nodirectcontractual
relationship required
Joined Cases C-274/16, C-448/16 and C-447/16 flightright GmbH
v. Air Nostrum, L´
ıneas A´
ereas del Mediterr´
aneo SA, Roland Becker
v. Hainan Airlines Co. Ltd and Mohamed Barkan and Others v.
Air Nostrum, L´
ıneas A´
ereas del Mediterr´
aneo SA, EU: C:2018:160
Michiel Poesen*
Abstract
The Court of Justice of the European Union’s (CJEU) flightright ruling further demarcates the
concept of ‘matters relating to a contract’ that features in Article 7(1) of the Brussels I Recast
Regulation. In its everlasting endeavour to clarify that concept’s reach, the CJEU sheds its light on
airplane passengers’ compensation actions. Particular to this case is that instead of suing the
contracting airline, which received the booking, the passengers opted to sue the operating airline,
that is, the airline that performed the first leg of the flight on behalf of the contracting airline. The
CJEU stretches the concept of contract to the extent that such an action is contractual, despite the
absence of any direct contractual relationship. Additionally, it is held that the operating airline can
be sued in the courts of the final destination even though the final leg of the flight had been
operated by the contracting airline. This contribution observes that the concept of ‘matters
relating to a contract’ is broadening because of the application of an ‘ancestry test’, which entails
that the concept encompasses all actions that originate in a contract. Consequently, ever more
actions can be brought into the contractual forum.
*KU Leuven, Belgium
Corresponding author:
Michiel Poesen, Research Unit International and European Law, KU Leuven, Tiensestraat 41 Box 3417 Leuven,
3000 Belgium.
E-mail: michiel.poesen@kuleuven.be
Maastricht Journal of European and
Comparative Law
2018, Vol. 25(4) 516–523
ªThe Author(s) 2018
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DOI: 10.1177/1023263X18794405
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