The proper jurisdiction of the contracts, torts and quasi-torts pursuant to the Regulation No 44/2001 (Brussels I) : selected issues

The sources of law indicating the proper jurisdiction in an international aspect are diverse and dynamic. These sources include domestic law, international conventions and law made by the competent authorities of the European Union as well. Among the latter Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 2001, p. 1) is the most important. The regulation came into force in the Members of Community on 1st of March, 2002 and in Poland upon the accession to the EU, thus on 1st of May, 2004. The application of the former conventions (Brussels convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters [OJ C 27, 1998, p. 1] and Lugano convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters [OJ L 319, 1988. p. 9]) gave rise to numerous doubts, which were the subject of the judgements of European Court of Justice (ECJ). As the regulation 44/2001 does not show significant differences to the conventions it replaced which also concerns the structure, systematic and material scope of application, a significant part of ECJ judgments remain valid. Taking into account the above mentioned circumstances and the fact that the regulation 44/2001 is currently the fundamental act with respect to the jurisdiction on the Community level, the presentation of the rules of seeking proper jurisdiction for the settlement of claims arising from the contracts, torts and quasi-torts and doubts emerging against this background seems reasonable.