European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

Regulation No 1215/2012 demarcates the scope of its territorial application by referring to Article 355 TFEU (Article 68(1)). To the exclusion of territories mentioned in Article 355(2) TFEU (Wallis and Futuna, French Polynesia, New Caledonia, Saint-Pierre and Miquelon, Mayotte, Gibraltar and Aruba) which, pursuant to special rules, remain bound by the Brussels Convention, and territories mentione …

Territorial scope of application

Regulation No 1215/2012 demarcates the scope of its territorial application by referring to Article 355 TFEU (Article 68(1)). To the exclusion of territories mentioned in Article 355(2) TFEU (Wallis and Futuna, French Polynesia, New Caledonia, Saint-Pierre and Miquelon, Mayotte, Gibraltar and Aruba) which, pursuant to special rules, remain bound by the Brussels Convention, and territories mentioned in paragraph 5 of that Article (Faeroe Islands, Akrotiri and Dhekelia, Sovereign Base Areas of United Kingdom of Great Britain and Northern Ireland in Cyprus, the Channel Islands and the Isle of Man), the regulation applies to national territories of all the Member States, including Denmark which is the only Member State not bound by the regulation from the origin but by the effects of the agreement signed on 19 October 2005 , in the Overseas Departments, Azores, Madeira, the Canary Islands and the Åland Islands. 

The Court of Justice, questioned on whether a work carried out by an employee on fixed or floating installations positioned on the continental shelf adjacent to a Member State should be regarded as work carried out in the territory of that State for the purposes of applying the regulation, considered by reference to the principles of public international law related to the legal regime applicable to the continental shelf and, in particular, the Geneva Convention, that the territory in question covered the continental shelf insofar as it constituted a natural prolongation of that territory under the sea .  In respect of an action for liability arising from the operation of an internet site against a defendant who is probably a European Union citizen but whose whereabouts are unknown, the Court of Justice has held that Article 7(2) is applicable if the court seized does not have firm evidence to support the conclusion that the defendant is in fact domiciled outside the European Union .

Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 299 of 16 November 2005), concluded by Council Decision No 2006/325 of 27 April 2006 (OJ L 120 of 5 May 2006), amended by Council Decision No 2009/942 of 30 November 2009 (OJ L 331 of 16 December 2009).

Case C-37/00 Weber [2002] ECR I-2013, LawLex200900000557JBJ.

Case C-292/10 Cornelius de Visser, Judgment of 15 March 2012, LawLex201200000644JBJ.

European Business Law

313. Territorial scope of application

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

313. Territorial scope of application

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise