Article 63

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1.   For the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its:
(a) statutory seat;
(b) central administration; or
(c) principal place of business.

2.   For the purposes of Ireland, Cyprus and the United Kingdom, ‘statutory seat’ means the registered office or, where there is no such office anywhere, the place of incorporation or, where there is no such place anywhere, the place under the law of which the formation took place.

3.   In order to determine whether a trust is domiciled in the Member State whose courts are seised of the matter, the court shall apply its rules of private international law.

 

Case Law

 

UPC Court of First Instance

 

IPPT20251001, UPC CFI, LD Mannheim, Robert Bosch v Grizzly Tools

Oppositions challenging jurisdiction of the UPC dismissed , No appeal permitted. (Article 4(1) , Article 63(1) , Art. 71b (1) Brussels Regulation). For establishing international jurisdiction under Article 4(1) of the Brussels  Regulation, it is sufficient to demonstrate that the defendant is domiciled within the meaning of that provision, possibly in conjunction with Article 63(1) of the Brussels Regulation, in the EU Member State of the court seised. In the case of a joint court of EU Member States, Art. 71b (1) Brussels  Regulation suffices to demonstrate that the seat is in one of the states of establishment of the joint court