The defendant’s domicile in the Brussels ‘The Regulation 1215/2012’. A critical approach of the actor sequitur forum rei rule

Abstract

This essay explains with historical arguments and economic logic that international li­tigation, already expensive, peculiar and complicated, can be seriously damaged by inefficient grounds of jurisdictions. It is clear that the rule “actor sequitur forum rei”, the forum of the defendant’s domicile, is inefficient despite the universal dissemination of this legal rule. Actor sequitur damages international trade, discourages the international activity of individuals and benefits in a very significant way the po­sition of the defendant, who is often he who breaches some legal duties. This work also highlights that in the Brussels I bis Regulation, the defendant’s domicile works as a mere residual ground of jurisdiction. It operates as subsidiary to the submission of the parties, and is an alternative to the special grounds of jurisdiction. Finally, the ECJ, despite its assertions, has not interpreted those special grounds as excep­tions to the defendant’s domicile. To say the truth, the ECJ has also defended an expansive reading of those special grounds of jurisdictions.