ÖFAB, Östergötlands Fastigheter AB v Koot

Subject Matter

CONFLICT OF LAWS — Jurisdiction under Council Regulation — Special jurisdiction — Matters “relating to a contract” — Matters “relating to tort, delict or quasi-delict” — Place “where the harmful event occurred” — Actions relating to debts owing to contractors for work carried out in Sweden brought against director and shareholder of insolvent Swedish-based company — Defendants both domiciled in The Netherlands — Whether actions excluded from scope of Regulation as “proceedings relating to the winding up of insolvent companies” or “analogous proceedings” — Whether actions to be classified as matters relating to a contract or relating to tort, delict or quasi-delict — Whether classification of company’s debts relevant — Whether relevant that actions transferred from one creditor to another — Whether Swedish court having jurisdiction to hear claim — Council Regulation(EC) No 44/2001, arts 1(2)(b), 2(1), 5(1)(3)

(Case C-147/12); [2015] QB 20; [2014] 3 WLR 1278