Request for a preliminary ruling from the Curtea de Apel Cluj (Romania) lodged on 15 November 2023 – E. B.SP. Z. O. O. v K. P.SP. Z. O. O.

(Case C-682/23, E.B.SP.)

Language of the case: Romanian

Referring court

Curtea de Apel Cluj

Parties to the main proceedings

Applicant: E. B.SP. Z. O. O.

Defendants: K. P.SP. Z. O. O.

Questions referred

Can Article 25 of Regulation No 1215/2012 of the European Parliament and of the Council [of 12 December 2012] on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ¹ be interpreted as conferring on the assignee of a claim arising from a contract the right to enforce the jurisdiction clause in that contract against the original party to the contract, if the assignment contract has, in accordance with the national law applicable to the substance of the dispute, transferred the claim and its ancillary rights, but not the obligations arising from the contract?

In a case such as the one described above, is the opposition of the party that agreed to the jurisdiction clause, against whom the action is brought, relevant for the purpose of determining which court has jurisdiction? In addition, is a new consensus required from that party, prior to or concomitant with bringing a legal action, in order for the third-party assignee to be entitled to rely on the jurisdiction clause?

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¹ OJ 2012 L 351, p. 1.