Conflict of Law (European Regime)

The sixth chapter of the textbook and the journal articles prescribed for this week’s reading explain the development, scope, and application of the conflict of laws system known as the European regime. Read and analyse these sources and answer the question below.

a) Bratwurst, a company in Germany, has a nuclear installation in France. Through the negligence of one of the employees of Bratwurst, there was a nuclear accident. Dylan, a farmer in Wales, claims that contamination from the accident polluted the atmosphere and ultimately resulted in the death of all the sheep on his farm.

Dylan wishes to sue Bratwurst in tort for negligence. Advise him as to the country/countries in which he may institute proceedings.

(b) Before the nuclear accident, Dylan had entered into a contract with O’Donnell, a butcher in the Republic of Ireland, to sell the latter a certain quantity of meat. The delivery of the meat was to O’Donnell’s place of business in Belgium. As a result of the death of his sheep, Dylan is unable to honour this contract. A clause in the contract states: ‘in the event of a dispute, the courts in Denmark should have non-exclusive jurisdiction’.

O’Donnell wishes to sue Dylan for breach of contract. Advise him as to the country/countries in which he may institute proceedings.

Give reasons and cite Brussels I Regulation articles, case law, and journal articles to support your answer.