NAME : SRI MULIANA AZHARI

REVISION NOTE OF CLASS 5 ( PRIVATE INT. LAW)

 The Brussels Regulation provides general rules with respect to jurisdiction. The
fundamental principle is that EU Member State courts in which the defendant is
domiciled will have jurisdiction to hear the case, regardless of the nationality of the
defendant. Domicile is determined in compliance with the Member State's domestic
laws to which the matter is brought.
 Article 1 states that, in civil and commercial matters, the Brussels 1 Regulation
applies whatever the form of the court or tribunal but does not apply, in particular, to
revenues, customs, or administrative matters. It does not refer to (1) the status of
natural person's legal capacity, will and inheritance of property rights arising from
matrimonial relationships; (2) bankruptcy, winding-up of insolvent corporations and
related proceedings; (3) social security; or (4) arbitration.
 While the principle of domicile acts as the general rule for deciding jurisdiction, a
defendant may be sued in the courts of a Member State other than the Member State
in which he is domiciled under certain circumstances. The Brussels Regulation lists
the following areas of jurisdiction: special and exclusive jurisdiction; jurisdiction in
insurance matters; consumer contracts; and individual employment contracts.
 The Regulation also gives ' exclusive jurisdiction' on the courts of the country
concerned. The terms have a special meaning in The Regulation, reflecting the fact
that the Member State has decided that the case can be heard by the courts of one
country within the European Union, and only one country, where a case involves a
particular subject matter.

 The cases in which a court has exclusive jurisdiction under Art. 22 shall be specified
by reference to the "object" of the relevant proceeding which relates to the existence
of the subject matter and not to the claimant's purpose in bringing the action
Exclusive jurisdiction shall be granted to the following courts: 1. Immovable
property, 2. Corporations, 3. Public Registers, 4. Intellectual property, 5. Enforcement
of judgements.
 Under the Brussels Regulation, 'special jurisdiction' will include the following:
1. Matters relating to a contract
2. Matters relating to maintenance/financial support
3. Matters relating to tort, delict or quasi-delict
4. Matters relating to insurance
5. Matters relating to contracts concluded by consumers
6. Matters relating to individual cont