Article 11 - Forum Necessitatis

Summary I. The rationale for the rule within the system of allocation of jurisdiction under the ESR and its precedents II. Absence of any other ground of jurisdiction under the ESR III. Existence of a close connection of the case with a third country where the entertainment of an action would prove impossible or unreasonable IV. Circumstances determining the impossibility or the unreasonableness of bringing or conducting proceedings before the courts of such a third country A. Where no court in a third country with which the case is closely connected would have jurisdiction to decide the case B. Where the action, though falling within the jurisdiction of the courts of such a country, would prove inadmissible on a point of law C. Where local circumstances would materially make it impossible or unreasonable for the plaintiff to bring or conduct his case before such courts V. The requirement of a sufficient connection of the case with the Member State of the court seised