Football Dataco v Sportradar: jurisdiction

Because the point in this case about jurisdiction, which lies at the heart of the questions referred to Luxembourg, is rather illuminating (and the light it sheds is on what is to me a rather dark corner of EU law), I thought it worth elaborating as a separate posting. Article 27 of the Brussels Regulation (44/2001/EC) provides that:

"1. Where proceedings involving the same cause of action and between the same parties are brought in the courts of different member states, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
2. Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court."

Jacob LJ referred to Article 27 of the Brussels Regulation and subsequent case law which showed that for this Article to apply three identities had to be present: the same parties, the same cause and the same object. These had wide meanings, not narrow meanings as the defendants had argued. He also held that the English court had jurisdiction under Article 5(3) of the Brussels Regulation too, being the place where the harmful event in the claim for joint-tortfeasorship occurred.