ABSTRACT

In cases of litigation between two parties coming from different states, the question of where to go to solve the conflict is relevant. In case the two parties, like Mitchell and Smit from the introductory case study, are both from countries belonging to the European Union the so-called EEX Regulation gives provisions on jurisdiction. The EEX Regulation was issued by the EC and came into effect as of 1 March 2002. In order to apply the EEX Regulation, the nationality of both parties is of no concern in case one wants to determine what court of law has jurisdiction: the place where the parties live is relevant as to decide what court of law has jurisdiction. Under Art. 2 EEX the court of law of the country of the defendant has jurisdiction. Art. 22, 1 EEX is a special provision with regard to immovable property.