Artusepik

Unjust Enrichment and the Brussels I Regulation

“…155 Albon illustrates the closeness of the connection between a claim for restitution of mistaken payments under a contract and the contract itself. The principle of autonomous interpretation mandates that such claim should be regarded as falling within Article 7(1) of the Brussels I Regulation Recast because the interpretation of the contract is 'indispensable' 156 to establish the existence and extent of the defendant's restitutionary obligation. The obligation can also be regarded as a freely assumed legal incident of the contract and for that reason within Article 7(1).…”