Pure financial loss and international jurisdiction for tort under the Brussels I (Recast) Regulation
| Date | 01 June 2017 |
| Published date | 01 June 2017 |
| DOI | 10.1177/1023263X17722484 |
| Author | Johannes Ungerer |
| Subject Matter | Case notes |
Case note
Pure financial loss and
international jurisdiction
for tort under the Brussels I
(Recast) Regulation
Case C-375/13 Harald Kolassa
v. Barclays Bank plc, EU:C:2015:37
and
Case C-12/15 Universal Music
International Holding v. Michael Te
´treault
Schilling (and others), EU:C:2016:449
Johannes Ungerer*
1. Introduction
In Universal Music,
1
the Court of Justice of the European Union (CJEU) recently decided, for the
second time, on the question of which national court in the EU has tort jurisdiction for cross-border
non-contractual claims concerning pure financial loss. The CJEU held that all the circumstances of
the case must be taken into account in order to establish jurisdiction in the Member State of the
‘place where the harmful event occurred’ (Article 5(3) of the Brussels I Regulation,
2
Article 7(2) of
the Brussels I Recast Regulation
3
). The CJEU found that it would be insufficient to look solely at
*Assistant Researcher and PhD Candidate at the Institute for Private International and Comparative Law, University of
Bonn, Germany
Corresponding author:
Johannes Ungerer, Institute for Private International and Comparative Law, University of Bonn, Adenauerallee 24-42,
53113 Bonn, Germany.
Email: ungerer@uni-bonn.de
1. Case C-12/15 Universal Music International Holding v. Michael Te
´treault Schilling (and others), EU:C:2016:449.
2. Council Regulation No. 44/2001/EC of 22 December 2000 on jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters, [2001] OJ L 12/1 (the Brussels I Regulation).
3. Regulation No. 1215/2012/EU of the European Parliament and of the Council of 12 December 2012 on jurisdiction and
the recognition and enforcement of judgments in civil and commercial matters, [2012] OJ L 351/1 (the Brussels I Recast
Regulation).
Maastricht Journal of European and
Comparative Law
2017, Vol. 24(3) 448–455
ªThe Author(s) 2017
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DOI: 10.1177/1023263X17722484
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