Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 22 November 2010 - Refcomp SpA v Axa Corporate Solutions Assurance SA, Axa France IARD, Emerson Network, Climaveneta SpA

(Case C-543/10)

Language of the case: French

Referring court

Cour de Cassation

Parties to the main proceedings

Applicant: Refcomp SpA

Defendants: Axa Corporate Solutions Assurance, Axa France IARD, Emerson Network, Climaveneta SpA

Questions referred

Is a clause conferring jurisdiction which has been agreed, in a chain of contracts under Community law, between a manufacturer of goods and a buyer in accordance with Article 23 of Regulation No 44/2001 of 20 December 2000¹ effective as against the sub-buyer and, if so, under what conditions?

Is the clause conferring jurisdiction effective as against the sub-buyer and its subrogated insurers even if Article 5(1) of Regulation No 44/2001 of 20 December 2000 does not apply to the sub-buyer's action against the manufacturer, as the Court held in its judgment of 17 June 1992 in Handte²?

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¹ - Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1)

² - Judgment of 17 June 1992, Handte, C-26/91, ECR 1992, p. I-03967