TELECOM 247

Andrew Gabriel wrote


In general, yes, you now need to sue them in Luxembourg as their place
of residence BUT (IANAL) the Brussels Convention, EU law etc. also says

A person domiciled in a Contracting State may, in another Contracting
State, be sued:

(1) in matters relating to a contract, in the courts for the place of
performance of the obligation in question; [failing to make a payment
in the UK, perhaps]

(3) in matters relating to tort, delict or quasi-delict, in the courts
for the
place where the harmful event occurred;

[a breach of contract might also be a tort]

(5) as regards a dispute arising out of the operations of a branch,
agency
or other establishment, in the courts for the place in which the
branch,
agency or other establishment is situated;

[If they do in fact have a branch in the UK]

[Plus]
A person domiciled in a Contracting State may also be sued:

(1) where he is one of a number of defendants, in the courts for the
place
where any one of them is domiciled;

(2) as a third party in an action on a warranty or guarantee or in any
other
third party proceedings, in the court seised of the original
proceedings,
unless these were instituted solely with the object of removing him
from
the jurisdiction of the court which would be competent in his case;

(3) on a counterclaim arising from the same contract or facts on which
the original claim was based, in the court in which the original claim
is
pending. ==

Thus a UK Court may be perfectly possible.

--
Mike D