Class 5

Question 1

5 instances of exclusive jurisdiction

Answer 1

rights in rem and tenancies of immovable property

the incorporation of companies and certain other aspects of company law

the validity of entries in public registers

the registration or validity of registered intellectual property rights; and

the enforcement of judgments.

Question 2

Goal and interpretation

Answer 2

The goal of this provision is to protect the interests of the
Member States

Despite its important overall goals, the rules of Article 24 need to be interpreted restrictively, for they are an exception to the ‘principal’ rule of A4: actor sequitur forum rei

Question 3

Which courts have jurisdiction:

rights in rem in immovable property or tenancies of immovable property

Answer 3

Courts of the Member State in which the property is situated.

Exception: temporary private use for a maximum period of six consecutive months, the courts of the Member State in which the defendant is domiciled.

Question 4

Which courts have jurisdiction:

the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons

Answer 4

The courts of the Member State in which the company, legal person or association has its seat.

Question 5

Which courts have jurisdiction:

Validity of entries in public registers

Answer 5

Courts of the Member State in which the register is kept.

Question 6

Which courts have jurisdiction:

Registration or validity of patents, trade marks, designs, or other similar rights

Answer 6

The courts of the Member State in which the deposit or registration has been applied for, has taken place or is under the terms of an instrument of the Union or an international convention deemed to have taken place.

Question 7

Which courts have jurisdiction:

Proceedings concerned with the enforcement of judgments

Answer 7

Courts of the Member State in which the judgment has been or is to be enforced

Question 8

Reflexive approach art. 24

Answer 8

even if B1A gives a court jurisdiction, the court itself should reflect upon if it is logical that it has jurisdiction (linked to forum non conveniens)

Even if PIL gives you jurisdiction this does not mean that you must take it.

Question 9

Jurisdiction by appearance art. 26

Answer 9

Defendant can decide voluntarily to appear

Not for A24 cases

Protected categories may voluntarily appear however must be warned by the judge that they do not have to

defendants based outside of the EU = no A26 prorogation possible