Judgment of the Court (First Chamber) of 7 February 2013 (request for a preliminary ruling from the Cour de cassation - France) - Refcomp SpA v Axa Corporate Solutions Assurance SA, Axa France IARD, Emerson Network, Climaveneta SpA
(Case C-543/10)
(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)
Language of the case: French
Referring court
Cour de cassation
Parties to the main proceedings
Applicant: Refcomp SpA
Defendants: Axa Corporate Solutions Assurance SA, Axa France IARD, Emerson Network, Climaveneta SpA
Re:
Request for a preliminary ruling - Cour de cassation - Interpretation of Article 5(1) and 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 (OJ 2001 L 12, p. 1) - Special jurisdiction in matters relating to a contract - Dispute between the sub-buyer of goods and the manufacturer - Scope of the jurisdiction clause in a chain of contracts under Community law
Operative part of the judgment
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 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.
____________1 - OJ C 46, 12.2.2011.