French Supreme Court follows ECJ judgment on jurisdiction clauses in Refcomp Conflict of Laws .net
On September 11 th , 2013, the French Supreme refrigerated trailer Court for private and criminal matters ( Cour de Cassation ) rendered its final decision in Refcomp SPA v. Axa Corporate solutions assurances ( in French ).
In its decision the ECJ ruled that a jurisdiction clause could not be relied against a sub-buyer unless it is established that he has actually consented to the clause under the conditions of article 23 Brussels I. According refrigerated trailer to the ECJ, the application of the French rule whereby a sub-buyer can bring a contractual action against the manufacturer and thus be bound by a jurisdiction clause, would have infringed the uniform application of the Brussels I regulation.
Unsurprisingly, the French Supreme Court acknowledged and complied with this decision by confirming the French courts jurisdiction against Refcomp SPA. The court expressly mentions the ECJ ruling and then applies it in the present situation thus denying any effect to the jurisdiction clause against refrigerated trailer a sub-buyer ( Doumer SNC insured by Axa ) who has not agreed to it.
Refcomp will thus have to defend himself before French courts despite having concluded a jurisdiction refrigerated trailer clause in favour of an Italian court when he sold his product to his Italian client (Climaveneta).
(Possibly) Related: ECJ Rules Jurisdiction Clauses do not Follow Property French Supreme Court Strikes Down One Way Jurisdiction Clause refrigerated trailer Russian Court Strikes Down Unilateral Option Jurisdiction Clauses German Federal Court Rules on Jurisdiction Clauses and Mandatory Rules Déjà vu: Italian Supreme Court on Jurisdiction over U.S. Rating Agencies
Get our updates delivered directly into your inbox... RSS Updates Email Updates Recent Posts Fourth refrigerated trailer 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 Mullenix on Reach of American Courts Archives Select Month December 2013 (21) November 2013 (31) October 2013 (35) September 2013 (23) August 2013 (16) July 2013 (24) refrigerated trailer June 2013 (24) May 2013 (28) April 2013 (34) March 2013 (22) February 2013 (25) January 2013 (24) December 2012 (23) November refrigerated trailer 2012 (22) October 2012 (41) September 2012 (34) August 2012 (19) July 2012 (27) June 2012 (30) May 2012 (35) April 2012 (27) refrigerated trailer March 2012 (30) February 2012 (35) January 2012 (33) December refrigerated trailer 2011 (30) November 2011 (26) October 2011 (34) September 2011 (28) August 2011 (17) July 2011 (25) June 2011 (23) May 2011 (25) April 2011 (27) March 2011 (22) February 2011 (21) January 2011 (18) December refrigerated trailer 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) November 2009 (20) October 2009 (23) September 2009 (20) August 2009 (20) July 2009 (19) June 2009 (22) May 2009 (24) April 2009 (20) refrigerated trailer March 2009 (25) February 2009 (33) January 2009 (28) December 2008 (16) November 2008 (21) October 2008 (21) September 2008 (25) August 2008 (12) refrigerated trailer 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) April 2007 (21) March 2007 (20) February 2007 (22) January 2007 (44) December 2006 (35) November 2006 (34) October 2006 (29) September 2006 (23) August 2006 (21) July 2006 (3) June 2006 (2) refrigerated trailer May 2006 (1) April 2006 (8) Recent Comments Laura | Dutch Law Firm AMS on Colangelo on Extraterritorial Jurisdiction Thalia Kruger refrigerated trailer 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 refrigerated trailer under the Hague Abduction Convention Thomas Pfeiffer on Cartel Damage Claims, Non-Exclusive Jurisdiction Clauses and the One-Stop Shop Presumption: What Do Rational and Reasonable Businessmen Really Want? Editors
Giorgio Buono ∞ Trey Childress ∞ refrigerated trailer Gilles Cuniberti ∞ Andrew Dickinson ∞ Veronika Gaertner ∞ Martin George refrigerated trailer ∞ Perry Herzfeld ∞ Charles Kotuby ∞
On September 11 th , 2013, the French Supreme refrigerated trailer Court for private and criminal matters ( Cour de Cassation ) rendered its final decision in Refcomp SPA v. Axa Corporate solutions assurances ( in French ).
In its decision the ECJ ruled that a jurisdiction clause could not be relied against a sub-buyer unless it is established that he has actually consented to the clause under the conditions of article 23 Brussels I. According refrigerated trailer to the ECJ, the application of the French rule whereby a sub-buyer can bring a contractual action against the manufacturer and thus be bound by a jurisdiction clause, would have infringed the uniform application of the Brussels I regulation.
Unsurprisingly, the French Supreme Court acknowledged and complied with this decision by confirming the French courts jurisdiction against Refcomp SPA. The court expressly mentions the ECJ ruling and then applies it in the present situation thus denying any effect to the jurisdiction clause against refrigerated trailer a sub-buyer ( Doumer SNC insured by Axa ) who has not agreed to it.
Refcomp will thus have to defend himself before French courts despite having concluded a jurisdiction refrigerated trailer clause in favour of an Italian court when he sold his product to his Italian client (Climaveneta).
(Possibly) Related: ECJ Rules Jurisdiction Clauses do not Follow Property French Supreme Court Strikes Down One Way Jurisdiction Clause refrigerated trailer Russian Court Strikes Down Unilateral Option Jurisdiction Clauses German Federal Court Rules on Jurisdiction Clauses and Mandatory Rules Déjà vu: Italian Supreme Court on Jurisdiction over U.S. Rating Agencies
Get our updates delivered directly into your inbox... RSS Updates Email Updates Recent Posts Fourth refrigerated trailer 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 Mullenix on Reach of American Courts Archives Select Month December 2013 (21) November 2013 (31) October 2013 (35) September 2013 (23) August 2013 (16) July 2013 (24) refrigerated trailer June 2013 (24) May 2013 (28) April 2013 (34) March 2013 (22) February 2013 (25) January 2013 (24) December 2012 (23) November refrigerated trailer 2012 (22) October 2012 (41) September 2012 (34) August 2012 (19) July 2012 (27) June 2012 (30) May 2012 (35) April 2012 (27) refrigerated trailer March 2012 (30) February 2012 (35) January 2012 (33) December refrigerated trailer 2011 (30) November 2011 (26) October 2011 (34) September 2011 (28) August 2011 (17) July 2011 (25) June 2011 (23) May 2011 (25) April 2011 (27) March 2011 (22) February 2011 (21) January 2011 (18) December refrigerated trailer 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) November 2009 (20) October 2009 (23) September 2009 (20) August 2009 (20) July 2009 (19) June 2009 (22) May 2009 (24) April 2009 (20) refrigerated trailer March 2009 (25) February 2009 (33) January 2009 (28) December 2008 (16) November 2008 (21) October 2008 (21) September 2008 (25) August 2008 (12) refrigerated trailer 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) April 2007 (21) March 2007 (20) February 2007 (22) January 2007 (44) December 2006 (35) November 2006 (34) October 2006 (29) September 2006 (23) August 2006 (21) July 2006 (3) June 2006 (2) refrigerated trailer May 2006 (1) April 2006 (8) Recent Comments Laura | Dutch Law Firm AMS on Colangelo on Extraterritorial Jurisdiction Thalia Kruger refrigerated trailer 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 refrigerated trailer under the Hague Abduction Convention Thomas Pfeiffer on Cartel Damage Claims, Non-Exclusive Jurisdiction Clauses and the One-Stop Shop Presumption: What Do Rational and Reasonable Businessmen Really Want? Editors
Giorgio Buono ∞ Trey Childress ∞ refrigerated trailer Gilles Cuniberti ∞ Andrew Dickinson ∞ Veronika Gaertner ∞ Martin George refrigerated trailer ∞ Perry Herzfeld ∞ Charles Kotuby ∞
No comments:
Post a Comment