Jurisdiction in Contractual Matters under the Brussels Ia Regulation: Where do Mixed Contracts Stand?

Abstract

This paper addresses how the rules regarding jurisdiction in contractual matters provided for in the Brussels Ia Regulation (having the same scope of the previous Brussels I) may be applied to cases involving mixed contracts, which encompass elements of a sale of goods, as well as of a provision of services, and are not, as such, directly regulated by that legal instrument. On these grounds, the inquiry takes into account the case law of both the Court of Justice of the European Union and national courts that have been called upon to rule on similar instances. In light of the above, an interpretative solution will be envisaged, also taking into account the objective of predictability and proximity underlying the broader EU legislative framework of cross-border litigation.