ECJ Rules Jurisdiction Clauses do not Follow Property Conflict of Laws .net
On February 7th, 2013, the Court of Justice for the European Union ruled in Refcomp SpA v. Axa Corporate Solutions Assurance SA (Case C-543/10) that jurisdiction clauses do not follow goods along chains of successive contracts transferring their ownership.
Doumer’s insurer sued Refcomp and other parties in French courts. Refcomp challenged the jurisdiction of French courts on the ground freeer that it benefited from a jurisdiction clause. It argued that all participants to the chain of contracts which successively transferred ownership of the goods were bound by it.
But the French are isolated on that front in Europe. Unsurprisingly, the European Court rules that buyers who were not parties to the first contract are not bound by the jurisdiction clause. The Court had already rejected the French doctrine when it defined contractual matters under the Brussels Convention in its Handte decision in 1992.
Article 23 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a jurisdiction clause agreed in the contract freeer concluded between the manufacturer of goods and the buyer thereof cannot be relied on against a sub-buyer who, in the course of a succession of contracts transferring ownership concluded between parties established in different Member States, purchased the goods and wishes to bring an action for damages against the manufacturer, unless it is established that that third party has actually consented to that clause under the conditions laid down in that article.
(Possibly) Related: French Supreme Court follows ECJ judgment on jurisdiction clauses in Refcomp German Federal freeer Court Rules on Jurisdiction Clauses and Mandatory Rules Russian Court Strikes Down Unilateral Option Jurisdiction Clauses Related Actions and Jurisdiction Clauses Luxembourg Conference on One Way Jurisdiction Clauses
Get our updates delivered directly into your inbox... RSS Updates freeer Email Updates Recent Posts Third Issue of 2013′s freeer Journal of Private International Law Fourth Issue of 2013 s Belgian PIL E-Journal Back to the Federal District Court for One Alien Tort Statute Case Van Den Eeckhout on Schlecker ERA Conference on Cross Border Succession Archives Select Month December 2013 (22) November 2013 (31) October 2013 (35) September 2013 (23) August 2013 (16) July 2013 (24) June 2013 (24) May 2013 (28) April 2013 (34) March 2013 (22) February 2013 (25) January 2013 (24) December 2012 (23) November 2012 (22) October 2012 (41) September 2012 (34) August 2012 (19) July 2012 (27) June 2012 (30) May 2012 (35) April 2012 (27) March 2012 (30) February freeer 2012 (35) January 2012 (33) December 2011 (30) November 2011 (26) October 2011 (34) September 2011 (28) August 2011 (17) July 2011 (25) June 2011 (23) freeer May 2011 (25) April 2011 (27) March 2011 (22) February 2011 (21) January 2011 (18) December 2010 (24) November 2010 (24) October 2010 (22) September 2010 (25) August 2010 (15) July 2010 (30) June 2010 (23) May 2010 (27) April 2010 (22) March 2010 (26) February 2010 (18) January 2010 (24) December 2009 (19) freeer November 2009 (20) October 2009 (23) September 2009 (20) August 2009 (20) July 2009 (19) June 2009 (22) May 2009 (24) April 2009 (20) March 2009 (25) February 2009 (33) January 2009 (28) December 2008 (16) November 2008 (21) October 2008 (21) September 2008 (25) August 2008 (12) July 2008 (14) June 2008 (20) May 2008 (27) April 2008 (23) March 2008 (13) February 2008 (15) January 2008 (12) December 2007 (19) November 2007 (27) October 2007 (38) September 2007 (26) August 2007 (22) July 2007 (31) June 2007 (19) May 2007 (27) freeer April 2007 (21) freeer March 2007 (20) February 2007 (22) January 2007 (44) December 2006 (35) November 2006 (34) October 2006 (29) September 2006 (23) August freeer 2006 (21) July 2006 (3) June 2006 (2) May 2006 (1) April 2006 (8) freeer Recent Comments Laura | Dutch Law Firm AMS on Colangelo on Extraterritorial Jurisdiction Thalia Kruger on ECtHR Rules on Return of a Child to Her Country of Origin under the Hague Abduction Convention Patrick Kinsch on ECtHR Rules on Return of a Child to Her Country of Origin under the Hague Abduction Convention Thalia Kruger on ECtHR Rules on Return of a Child to Her Country of Origin under the Hague Abduction Convention
On February 7th, 2013, the Court of Justice for the European Union ruled in Refcomp SpA v. Axa Corporate Solutions Assurance SA (Case C-543/10) that jurisdiction clauses do not follow goods along chains of successive contracts transferring their ownership.
Doumer’s insurer sued Refcomp and other parties in French courts. Refcomp challenged the jurisdiction of French courts on the ground freeer that it benefited from a jurisdiction clause. It argued that all participants to the chain of contracts which successively transferred ownership of the goods were bound by it.
But the French are isolated on that front in Europe. Unsurprisingly, the European Court rules that buyers who were not parties to the first contract are not bound by the jurisdiction clause. The Court had already rejected the French doctrine when it defined contractual matters under the Brussels Convention in its Handte decision in 1992.
Article 23 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a jurisdiction clause agreed in the contract freeer concluded between the manufacturer of goods and the buyer thereof cannot be relied on against a sub-buyer who, in the course of a succession of contracts transferring ownership concluded between parties established in different Member States, purchased the goods and wishes to bring an action for damages against the manufacturer, unless it is established that that third party has actually consented to that clause under the conditions laid down in that article.
(Possibly) Related: French Supreme Court follows ECJ judgment on jurisdiction clauses in Refcomp German Federal freeer Court Rules on Jurisdiction Clauses and Mandatory Rules Russian Court Strikes Down Unilateral Option Jurisdiction Clauses Related Actions and Jurisdiction Clauses Luxembourg Conference on One Way Jurisdiction Clauses
Get our updates delivered directly into your inbox... RSS Updates freeer Email Updates Recent Posts Third Issue of 2013′s freeer Journal of Private International Law Fourth Issue of 2013 s Belgian PIL E-Journal Back to the Federal District Court for One Alien Tort Statute Case Van Den Eeckhout on Schlecker ERA Conference on Cross Border Succession Archives Select Month December 2013 (22) November 2013 (31) October 2013 (35) September 2013 (23) August 2013 (16) July 2013 (24) June 2013 (24) May 2013 (28) April 2013 (34) March 2013 (22) February 2013 (25) January 2013 (24) December 2012 (23) November 2012 (22) October 2012 (41) September 2012 (34) August 2012 (19) July 2012 (27) June 2012 (30) May 2012 (35) April 2012 (27) March 2012 (30) February freeer 2012 (35) January 2012 (33) December 2011 (30) November 2011 (26) October 2011 (34) September 2011 (28) August 2011 (17) July 2011 (25) June 2011 (23) freeer May 2011 (25) April 2011 (27) March 2011 (22) February 2011 (21) January 2011 (18) December 2010 (24) November 2010 (24) October 2010 (22) September 2010 (25) August 2010 (15) July 2010 (30) June 2010 (23) May 2010 (27) April 2010 (22) March 2010 (26) February 2010 (18) January 2010 (24) December 2009 (19) freeer November 2009 (20) October 2009 (23) September 2009 (20) August 2009 (20) July 2009 (19) June 2009 (22) May 2009 (24) April 2009 (20) March 2009 (25) February 2009 (33) January 2009 (28) December 2008 (16) November 2008 (21) October 2008 (21) September 2008 (25) August 2008 (12) July 2008 (14) June 2008 (20) May 2008 (27) April 2008 (23) March 2008 (13) February 2008 (15) January 2008 (12) December 2007 (19) November 2007 (27) October 2007 (38) September 2007 (26) August 2007 (22) July 2007 (31) June 2007 (19) May 2007 (27) freeer April 2007 (21) freeer March 2007 (20) February 2007 (22) January 2007 (44) December 2006 (35) November 2006 (34) October 2006 (29) September 2006 (23) August freeer 2006 (21) July 2006 (3) June 2006 (2) May 2006 (1) April 2006 (8) freeer Recent Comments Laura | Dutch Law Firm AMS on Colangelo on Extraterritorial Jurisdiction Thalia Kruger on ECtHR Rules on Return of a Child to Her Country of Origin under the Hague Abduction Convention Patrick Kinsch on ECtHR Rules on Return of a Child to Her Country of Origin under the Hague Abduction Convention Thalia Kruger on ECtHR Rules on Return of a Child to Her Country of Origin under the Hague Abduction Convention
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