Regressing into the right direction: Non-contractual claims in proceedings between contracting parties under Article 7 of the Brussels Ia Regulation

Abstract

This case comment addresses the interpretation of ‘matters relating to a contract’ in the EU law of civil jurisdiction, contained in the Brussels Ia Regulation. Recently, this topic received renewed attention in the Wikingerhofv.Booking.com judgment of the CJEU. More particularly, the judgment addressed whether non-contractual claims in proceedings between contracting parties can be characterized as a ‘matter relating to a contract’. This seemingly trivial question has been a recurring source of trouble in the case law of the CJEU as well as national courts. The annotation will side with the approach taken in this judgment, but criticize it for taking a long way round to settling the issue.