Propojení Alephu se systémy ZČU Ing. Radka Tichá SUAleph, VUT Brno, 23. – 24.11.2011
Brussels I. Scope of Application Radka Chlebcová.
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Transcript of Brussels I. Scope of Application Radka Chlebcová.
Structure of the presentation• Scope of application/Sorts of Jurisdiction• Third state problem• How efficiently do we read case-law• Critical reading• Case-law analysis based on critical reading mechanisms (Group Josi and
Owusu)
Jurisdictions• Exclusive • Protective (special)• Voluntary appearance • Prorogation of jurisdiction• Alternative • General
What about third states?
• Extracommunity cases • Is Brussels I applicable?• Member as well as non-member courts are involved • Base for jurisdiction?
Group Josi & Owusu case-law• Who where the parties? • Which court had asked the ECJ for preliminary ruling? • Where the plaintiff was domiciled? • Where the defendant was domiciled? • What was the procedural path of the cases?
Group Josi & Owusu case-law• How did the parties argued?• Did the ECJ followed the argumentation of one of the
parties?• The domicile of which party is decisive? Are there
any exceptions? In which cases? What is the reasoning for these exceptions?
• What was the procedural path of the cases?• Who was Euromepa?
How to read more efficiently?• Reading case-law is hard job• Nevertheless: Your future job!• Read, understand, analyse, create argument based on the case law
Critical reading
helps to read better
Critical reading • Reading of statutes and case-law and thinking of the content • It’s a learned skill!• To get ideas, deeply comprehend and analyse your task or client’s
question• carefully, comprehensively, and efficiently
3 steps of critical reading
• Get the context
• Skim the text
• Read and question the text
Repeat the third step multiple times
Reading judicial opinions • Caption• Holdings• Contextual information
– Procedural history and Facts statement– Issue or issues– Court’s analysis
• The rule• The holding or holdings (conclusion)• The reasoning• Dicta
– The judgment– Concurring or dissenting opinions
Group Josi C-412/98
• Start with the hand out’s questions• After answering the simpler one go the court’s reasoning• Analyse every step of the argumentations
Remember!• The Brussels I system of jurisdiction rules is not usually based on the
plaintiff’s domicile• Nor is it based on the nationality• The fundamental principle is defendant’s domicile.• Exceptions are expressly specified
Owusu C-281/02
• Start with the hand out’s questions• After answering the simpler one go the court’s reasoning• Analyse every step of the argumentations
From the argumentation• International nature of convention• No legal relationship involving a number of member states• Comparison with the exclusive jurisdiction and prorogation, lis pendens• Internal market argument
Remember• International element may derived from involvement of member and non-
member state. • Art. 2 is mandatory in the nature – no derogation except expressly
provided for• It’s not possible to use forum non convenience for denying jurisdiction
Conclusion
• Critical reading and analysis skills are essential for you future job
• Read read read and never give up!
Thank you for your attention!