By Duncan Grehan, Duncan Grehan
On March 8 2005 the High Court dismissed proceedings against a German retailer on the grounds that neither Article 5(1) nor Article 5(3) of the Brussels I Regulation (44/2001) gave it jurisdiction to deal with the matter. The court followed the decision of the European Court of Justice (ECJ) in Kalfelis v Schröder (1988 ECR 5565) in ruling that it had no jurisdiction as the root of the plaintiff's action against the German retailer related to a contract concluded in Nuremberg, Germany.