Prorogation of jurisdiction by “tacit agreement on jurisdiction” (prorogation by submission). Short reflections on article 26 of Regulation (EU) no. 1215/2012 of the European Parliament and of the Council of 12 december 2012 (recast)

Abstract

The European Court of Justice and the majority of the legal doctrine maintain that “prorogation of jurisdiction” (prorogation by submission) under Article 26 of Brussels I Regulation (recast) is based on the tacit conclusion of a jurisdiction agreement between the claimant and the defendant. In the present essay, the accuracy of this understanding is challenged. Article 26 of the Regulation provides for an autonomous ground of jurisdiction based on the connecting factors and requirements it sets out in paragraph 1.