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30.4.2005 |
EN |
Official Journal of the European Union |
C 106/2 |
JUDGMENT OF THE COURT
(Grand Chamber)
of 1 March 2005
in Case C- 281/02 reference for a preliminary ruling from the Court of Appeal (England and Wales) Civil Division (United Kingdom): Andrew Owusu v N.B. Jackson, trading as ‘Villa Holidays Bal-Inn Villas’ and Others (1)
(Brussels Convention - Territorial scope of the Brussels Convention - Article 2 - Jurisdiction - Accident which occurred in a non–Contracting State - Personal injury - Action brought in a Contracting State against a person domiciled in that State and other defendants domiciled in a non–Contracting State - Forum non conveniens - Incompatibility with the Brussels Convention)
(2005/C 106/02)
Language of the case: English
In Case C-281/02, Reference for a preliminary ruling under the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters by the Court of Appeal (England and Wales) Civil Division (United Kingdom), by decision of 5 July 2002, received at the Court on 31 July 2002, in the proceedings Andrew Owusu v N.B. Jackson, trading as ‘Villa Holidays Bal-Inn Villas’, Mammee Bay Resorts Ltd, Mammee Bay Club Ltd, The Enchanted Garden Resorts & Spa Ltd, Consulting Services Ltd, Town & Country Resorts Ltd — the Court (Grand Chamber), composed of P. Jann, President of the First Chamber, acting for the President, C.W.A. Timmermans and A. Rosas, Presidents of Chambers, C. Gulmann, J.-P. Puissochet, R. Schintgen (Rapporteur), N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, gave a judgment on 1 March 2005, the operative part of which is as follows:
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The Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, by the Convention of 25 October 1982 on the Accession of the Hellenic Republic and by the Convention of 26 May 1989 on the Accession of the Kingdom of Spain and the Portuguese Republic, precludes a court of a Contracting State from declining the jurisdiction conferred on it by Article 2 of that convention on the ground that a court of a non-Contracting State would be a more appropriate forum for the trial of the action even if the jurisdiction of no other Contracting State is in issue or the proceedings have no connecting factors to any other Contracting State. |