Preliminary negative test of the seized court's jurisdiction
This graph highlights the preliminary negative test of the seized court’s jurisdiction.
Does the national court have international jurisdiction according to Article 3 of the Brussels II bis Regulation?
If the answer is “Yes”, the court hears the case.
If the answer is “No”, the following question will come up:
Does a court of another member state have international jurisdiction according to the Regulation?
If the answer is “Yes”, the court will declare that it has no international jurisdiction on its own motion (Article 17).
If the answer is “No”, international jurisdiction will be determined according to the domestic rules on international jurisdiction (residual jurisdiction, Article 7).