De actio pauliana, de onhandelbaar telg van de Brussel Ibis Verordening: HvJ 10 juli 2019, nr. C-722/17, Reitbauer e.a./Casamassima

An essential step in the application of most rules of private international law is the qualification of legal relationships. Depending on which label can be affixed to a legal claim, different jurisdiction and conflict rules apply. One of the most difficult qualification issues of EU private international law is contained in Article 7(1) of the Brussels Ibis Regulation ('Brussels Ibis'), which confers international jurisdiction over contractual obligations in the court of the place where the obligation giving rise to the claim or the characteristic obligation has been performed or is to be performed – the so-called forum solutionis. Before this rule can be applied, the court must decide whether or not the claim brought by the plaintiff relates to "contractual obligations."