07 May 2010
Berliner Verkehrsbetriebe (BVG) Anstalt des Offentlichen Rechts v JP Morgan Chase Bank NA and another [2010] EWCA Civ 390, [2010] All ER (D) 212 (Apr)
The English courts were bound by Court of Appeal authority to interpret the words “...proceedings which have as their object...” in Art 22.2 of Council Regulation (EC) 44/2001 as “which are principally concerned with...” The court had to undertake an exercise in “overall classification” and make an “overall judgment” to see whether the proceedings were “principally concerned” with one of the matters set out in Art 22.2 of the Regulation.
