European Court

Special jurisdiction also covers some subject matter proceedings on insurance related matters, consumer contracts and employment contracts. Magnus et al. mark that insurance related special jurisdiction covers all matters connected with private insurance. The authors also explain that matters related to social security insurance are excluded from the scope of insurance related matters regulations.

In addition, considering provisions of Brussels Convention on insurance related issue, the European Court ruled that “The rules of special jurisdiction in matters relating to insurance… do not refer to disputes between a reinsurer and a reinsured in connection with a reinsurance contract.

” The Regulation defines that insurers domiciled in Member States can be sued in: the court of Member State of his or her domicile; in the court of another Member State if he or she is sued by policyholder, insured or beneficiary, which is domiciled in that Member State; in the court of another Member State if he or she is sued by a co-insurer in that Member State.

If the dispute arises out of liability insurance or insurance of immovable property, insurer can be sued in a place where harmful events took place. Brussels I Regulation provides special regime of jurisdiction for consumer contracts. Magnus et al argue that such regime is aimed “to protect weaker party.

” Provisions on jurisdiction of consumer contracts foresee that special rules in matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession if: “it is a contract for the sale of goods on instalment credit terms; or it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the Member State of the consumer’s domicile or, by any means, directs such activities to that Member State or to several States including that Member State, and the contract falls within the scope of such activities. ” The Regulation gives consumer in opportunity to bring a suit against other party to contract in the court of Member State, where such party is domiciled or in the place, where the consumer is domiciled. The suit against the consumer can be brought in a court of a Member State, in which the consumer is domiciled.

However, the parties to a consumer contract may deviate from provisions of the Regulation, in agreement which: is concluded after the dispute has arisen; or allows the consumer to file a lawsuit in courts other than those indicated in this Regulation; or is concluded by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which confers jurisdiction on the courts of that Member State, provided that such an agreement is not contrary to the law of that Member State. Special jurisdiction also refers to individual employment agreements. Thus, Brussels I Regulation makes a distinction between disputes where an employee is a plaintiff and disputes, where employee is a defendant.

Article 19 of the Regulation provides a general rule for jurisdiction of the defendant’s domicile: “An employer domiciled in a Member State may be sued: in the courts of the Member State where he is domiciled; or in another Member State: in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so, or if the employee does not or did not habitually carry out his work in any one country, in the courts for the place where the business which engaged the employee is or was situated. ” An employer can bring a proceeding in only in the courts of the Member State in which the employee is domiciled. However, this rule does not affect employer’s right to bring a counter – claim in court, in which the original proceeding is pending. Parties to individual employment agreement may deviate from these provisions in agreement, which “is entered into after the dispute has arisen; or allows the employee to bring proceedings in courts other than those indicated in this Section [5]”