Keywords
Summary

Keywords

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Convention on jurisdiction and the enforcement of judgments - Special jurisdictions - Jurisdiction in tort, delict or quasi-delict - Place where the harmful event occurred - Place where the damage occurred - Concept - Place of occurrence of damage suffered by a third party through damage sustained by the immediate victim - Exclusion

( Convention of 27 September 1968, Article 5(3 ) )

Summary

The expression "place where the harmful event occurred" contained in Article 5(3 ) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters may refer to the place where the damage occurred, but the latter concept can be understood only as indicating the place where the event giving rise to the damage, and causing tortious, delictual or quasi-delictual liability to be incurred, directly produced its harmful effects upon the person who is the victim of that event .

Accordingly, the rule on jurisdiction laid down in that article cannot be interpreted as permitting a plaintiff pleading damage which he claims to be the consequence of the harm suffered by other persons who were direct victims of the harmful act to bring proceedings against the perpetrator of that act before the courts in the place in which he himself ascertained the damage to his assets .