ABSTRACT
A central objective underlying the adoption of the Brussels Convention was to promote a true internal market, by attempting to eliminate any obstacles to both the functioning and continued development of such a market. This chapter examines the primary basis of jurisdiction and contrasts its application with that of the pre-existing rules, explores the various bases of special jurisdiction, and adumbrates the grounds of, and justifications for, art. 16 on exclusive jurisdiction. This fundamental distinction has the effect of protecting defendants domiciled within the EU, by ousting the application of the various national rules of jurisdiction which are in force in each Contracting State, including those regarded as excessive or exorbitant. By adopting the domicile of the defendant as a connecting factor, the Committee of Experts widened the scope of the Convention by extending the rules of jurisdiction to all persons, whatever their nationality, domiciled within the EU.
