Brussels I bis

Article 6

Untitled

1. If the defendant is not domiciled in a Member State, the jurisdiction of the courts of each Member State shall, subject to Article 18(1), Article 21(2) and Articles 24 and 25, be determined by the law of that Member State.

2. As against such a defendant, any person domiciled in a Member State may, whatever his nationality, avail himself in that Member State of the rules of jurisdiction there in force, and in particular those of which the Member States are to notify the Commission pursuant to point (a) of Article 76(1), in the same way as nationals of that Member State.

Holdings

C-604/2020 Oct 2022

ROI Land Investments Ltd. v FD

Where the conditions for Article 21(2) are satisfied, the reservation in Article 6(1) concerning the application of Article 21(2) prevents a Member State court from applying its national jurisdiction rules, even if those rules are more favourable to the employee. Where the conditions for Article 21(2) or any other provision listed in Article 6(1) are not satisfied, Article 6(1) allows the court to apply those national rules to determine jurisdiction.