Brussels I bis

Article 1

Untitled

1. This Regulation shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii).

2. This Regulation shall not apply to:

Holdings

/
C-395/236 Mar 2025

E.M.A. and Others

1. Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction

must be interpreted as meaning that judicial authorisation, sought on behalf of a minor habitually resident in a Member State, to sell the shares owned by that minor in immovable property situated in another Member State comes within the scope of parental responsibility, within the meaning of Article 1(1)(b) of that regulation, in that that authorisation concerns protection measures, as referred to in Article 1(2)(e) of that regulation, with the result that, pursuant to Article 7(1) of that regulation, it is the courts of a Member State in which the minor is habitually resident at the time the court is seised which, in principle, have jurisdiction to grant that authorisation.

C-394/2214 Nov 2024

Oilchart International NV v O.W. Bunker (Netherlands) BV and ING Bank NV

Article 1(2)(b) does not apply to an action for payment for goods delivered brought against a company where the action neither refers to insolvency proceedings previously opened against that company in another Member State nor mentions that the claim has already been declared in the insolvency estate.

C-494/234 Oct 2024

QE and IJ v DP and EB

The concept of 'civil and commercial matters' in Article 1(1) does not cover an action seeking to replace the defendant's consent in an application to release an item from the custody of the court. That action is incidental to the proceedings by which the law enforcement authorities had the seized item placed in the custody of the court.

C-98/2222 Dec 2022

Eurelec Trading SCRL and Scabel SA v Ministre de l'Économie et des Finances

The concept of "civil and commercial matters" in Article 1(1) does not include an action by a Member State public authority against companies established in another Member State seeking a declaration that restrictive practices exist, penalties for those practices, and an order that they cease in relation to suppliers established in the first Member State, where that authority is exercising powers to bring proceedings or powers of investigation that fall outside the ordinary legal rules applicable to relationships between private individuals.

C-274/2114 Jul 2022

EPIC Financial Consulting Ges.m.b.H. v Republik Österreich and Bundesbeschaffung GmbH

1. Article 1(1) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014, must be interpreted as meaning that the conclusion of a framework agreement with a single economic operator, in accordance with Article 33(3) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, corresponds to the conclusion of a contract as referred to in Article 2a(2) of Directive 89/665, as amended by Directive 2014/23.

C-274/2114 Jul 2022

EPIC Financial Consulting Ges.m.b.H. v Republik Österreich and Bundesbeschaffung GmbH

4. Article 1(1) of Directive 89/665, as amended by Directive 2014/23, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding national legislation requiring a litigant to identify, in his or her application for an interlocutory injunction or action for review, the procedure for the award of a public contract concerned and the separately contestable decision that he or she is challenging, where the contracting authority has opted for a procedure for the award of a public contract without prior publication of a contract notice and the contract award notice has not been published yet.

C-581/206 Oct 2021

Skarb Państwa Rzeczypospolitej Polskiej reprezentowany przez Generalnego Dyrektora Dróg Krajowych i Autostrad v TOTO SpA - Costruzioni Generali and Vianini Lavori SpA

Under Article 1(1) of Regulation (EU) No 1215/2012, an action for interim relief, brought and continued under the rules of general law before a court of a Member State, concerning penalties for performance of a contract to build a public expressway concluded following a procurement procedure with a public contracting authority, falls within 'civil and commercial matters'.

C-307/1925 Mar 2021

Obala i lučice d.o.o. v NLB Leasing d.o.o.

1. Article 1(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an action for recovery of a fee relating to a daily parking ticket for a designated parking space situated on the public highway, brought by a company which has been appointed by a local authority to manage such parking spaces, comes within the concept of 'civil and commercial matters' within the meaning of that provision.

C-186/193 Sept 2020

Supreme Site Services GmbH and Others v Supreme Headquarters Allied Powers Europe

An action for interim relief falls within 'civil and commercial matters' where, before a court of a Member State, an international organisation invokes immunity from execution to obtain both the lifting of an interim garnishee order executed in another Member State and a prohibition on levying such an order in future on the same grounds, even if that action is brought in parallel with substantive proceedings on a claim for alleged non-payment for fuel supplied for a peacekeeping operation - in so far as that action is not pursued under public powers, which is for the referring court to assess.

C-73/1916 Jul 2020

Belgische Staat and Directeur-Generaal van de Algemene Directie Controle en Bemiddeling van de FOD Economie, K.M.O., Middenstand en Energie v Movic BV and Others

An action brought by the authorities of one Member State against businesses established in another Member State falls within 'civil and commercial matters' where the authorities seek, primarily, findings of allegedly unlawful unfair commercial practices and an order to stop them, and, as ancillary measures, publicity measures and a penalty payment.

C-579/1728 Feb 2019

BUAK Bauarbeiter-Urlaubs- u. Abfertigungskasse v Gradbeništvo Korana d.o.o.

An action by a body governed by public law against an employer for payment of wage supplements for annual leave pay falls within Article 1 where it concerns posted workers or the provision of labour in a Member State, or workers habitually working in that Member State for an employer established outside it. This is so provided that the rules for bringing that action do not infringe the rules of general law and, in particular, do not prevent the court hearing the case from reviewing the merits of the information on which the claim is based; that is for the referring court to determine.

C-308/1715 Nov 2018

Hellenische Republik v Leo Kuhn

A dispute brought by a natural person who acquired bonds issued by a Member State, against that State, challenging a compulsory exchange of those bonds for lower-value bonds imposed by legislation that unilaterally and retroactively introduced a CAC allowing the majority of bondholders to bind the minority, does not fall within "civil and commercial matters" within the meaning of Article 1(1).

C-649/1620 Dec 2017

Peter Valach and Others v Waldviertler Sparkasse Bank AG and Others

Article 1(2)(b) of Regulation No 1215/2012 applies to a tort action against members of a committee of creditors based on how they voted on a restructuring plan in insolvency proceedings. Such an action is therefore excluded from that regulation's material scope.