Wales Ltd enters an appearance and raises the defence of “force majeure.” Does its appearance confer jurisdiction to the courts of Athens?
(5) Black Horse Traders Ltd obtained a judgement against Wales Ltd in Portugal and enforced the judgment in England. The judgment was, however, rendered in default of appearance of Wales Ltd. Advise Wales Ltd.
1. In addition to determining the competent court hearing lawsuit, we have to know which, if any, international jurisdiction entitlements shall apply. Based on the facts of the case the Brussels I Regulation is certainly applicable. The reason being that The Brussels I Regulation concerns commercial matters 1(contract of sales of goods) and also contains an International element since the case concerns purchase and transport within different states of the United Kingdom, Greece, Italy and Portugal, and all states are member states in Brussels I Regulation2. The United Kingdom is where Wales, Ltd. is registered as well as Black Horse Traders, Ltd. Wales. Ltd lists Greece as their principal place of business and Italy is where their central administration office is located and finally Portugal is where the goods had been delivered3.
Under Article 2.1 “Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State.”4 This article relates to the particular the individual person and infers that any person can sue if the defendant may be domiciled in a member state in Brussels I Regulation. This was clear in Grupo Torras SA and Torras SA and Torras Hostench London Ltd5. However, in Article 60.1 “for the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its:
And further, 60.2 “ for the purposes of the United Kingdom and Ireland ‘statutory seat’ means the registered office or, where there is no