Jurisdiction(s):
United Kingdom

Key definition

Brussels Regulation definition

What does Brussels Regulation mean? In practice, “Brussels Regulation” refers to the EU rules that allocate civil and commercial jurisdiction between Member State courts and provide for reciprocal recognition and enforcement of judgments. The term is used as shorthand for Brussels I (Regulation (EC) No 44/2001) and, more commonly, Brussels I Recast (Regulation (EU) No 1215/2012). Key features include: general jurisdiction based on the defendant’s domicile; special and exclusive jurisdiction (for example, rights in rem over immovable property); respect for choice of court agreements; protective rules for consumers and employees; lis pendens and related actions to prevent parallel proceedings; and, under the Recast, abolition...

CJEU (Case C-102/15, Siemens Österreich): restitution of interest on repaid competition fine is administrative, outside Brussels I civil and commercial scope and Article 5(3) tort jurisdiction

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 28 July 2016; it is no longer maintained. See further: timeline and related/relevant cases

Case facts Outline

A request for a preliminary ruling under Article 267 TFEU was submitted by the Hungarian Fővárosi Ítélőtábla to the Court of Justice, seeking clarification on whether restitution claims based on unjust enrichment are covered by the jurisdictional head in Regulation (EC) No 44/2001 (the brussels regulation) relating to ‘tort, delict or quasi-delict’ (together, ‘non-contractual liability’). On 28 July 2016, the Court of Justice held that an action to recover ‘sums not due’ on grounds of unjust enrichment—here arising from the repayment of a fine levied in competition law proceedings—does not sit within the notion of ‘civil and commercial matters’ for the purposes of the Brussels Regulation, thereby confirming that the Regulation is inapplicable because the issue derives from a purely administrative matter...

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Web page updated on 21/05/2026

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