The European Court of Justice Decides about International Jurisdiction for Negative Declaratory Actions

In a decision of October 25, 2012, (C-133/11), the European Court of Justice has answered questions of the German Federal Supreme Court regarding the international jurisdiction for negative declaratory actions: the place of jurisdiction in case of a tortuous act is defined by that place where the damaging event has occurred or is likely to occur. This is the place where the damage is realized as well as the place of the event which is causal for the damage. At both places, a negative declaratory action can be brought which aims at a declaratory judgement saying that the preconditions of liability resulting in a damage claim are not fulfilled. A court which cannot assume one of these connecting points has to deny its jurisdiction.