TY - JOUR
T1 - Regressing into the Right Direction
T2 - Non-contractual Claims in Proceedings between Contracting Parties under Article 7 of the Brussels Ia Regulation
AU - Poesen, Michiel
PY - 2021/7/3
Y1 - 2021/7/3
N2 - This case comment addresses the interpretation of ‘matters relating to a contract’ in the EU law of civil jurisdiction, contained in the Brussels Ia Regulation. Recently, this topic received renewed attention in the Wikingerhofv.Booking.com judgment of the CJEU. More particularly, the judgment addressed whether non-contractual claims in proceedings between contracting parties can be characterized as a ‘matter relating to a contract’. This seemingly trivial question has been a recurring source of trouble in the case law of the CJEU as well as national courts. The annotation will side with the approach taken in this judgment, but criticize it for taking a long way round to settling the issue.
AB - This case comment addresses the interpretation of ‘matters relating to a contract’ in the EU law of civil jurisdiction, contained in the Brussels Ia Regulation. Recently, this topic received renewed attention in the Wikingerhofv.Booking.com judgment of the CJEU. More particularly, the judgment addressed whether non-contractual claims in proceedings between contracting parties can be characterized as a ‘matter relating to a contract’. This seemingly trivial question has been a recurring source of trouble in the case law of the CJEU as well as national courts. The annotation will side with the approach taken in this judgment, but criticize it for taking a long way round to settling the issue.
U2 - 10.1177/1023263X211014719
DO - 10.1177/1023263X211014719
M3 - Article
VL - 28
SP - 390
EP - 398
JO - Maastricht Journal of European and Comparative Law
JF - Maastricht Journal of European and Comparative Law
IS - 3
ER -