About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2013-2 E.C.R. 1 (2013)

handle is hein.intyb/rcbjcofi0344 and id is 1 raw text is: VRw Reports of Cases Case C-543/10 Refcomp SpA V Axa Corporate Solutions Assurance SA and Others (Request for a preliminary ruling from the Cour de cassation (France)) (Judicial cooperation in civil matters - Jurisdiction in civil and commercial matters - Regulation (EC) No 44/2001 - Interpretation of Article 23 - Jurisdiction clause in a contract concluded between the manufacturer and the initial buyer of goods - Contract forming part of a chain of contracts transferring ownership - Whether that clause may be relied on against the sub-buyer of the goods) Summary - Judgment of the Court (First Chamber), 7 February 2013 1. Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation No 44/2001 - Provisions of that regulation treated as equivalent to those in the Brussels Convention - Interpretation of those provisions in accordance with the case-law of the Court relating to the Convention (Agreement of 27 September 1968; Council Regulation No 44/2001) 2. Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation No 44/2001 - Concept of matters relating to a contract - Concept ofjurisdiction clause - Independent interpretation (Council Regulation No 44/2001, Art. 23) 3. Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation No 44/2001 - Prorogation of jurisdiction - Agreement conferring jurisdiction - Jurisdiction clause in a contract between the manufacturer of goods and the buyer thereof - Whether that clause may be relied upon against a third party sub-buyer who purchased the goods in the course of a succession of contracts transferring ownership - Lawfulness - Condition - Consent of the third party to that clause (Council Regulation No 44/2001, Art. 23) 1. See the text of the decision. (see paras 18-20) 2. See the text of the decision. (see paras 21, 22, 39, 40) ECLJ:EU:C:2013:621 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most