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*PIL Case Law

Published on July 19th, 2017 | by Olga Papadopoulou


CJEU, C 436/16, Reg.44/2001, Άrt. 23, Jurisdiction clause, Ability of the representatives of a company to rely upon that clause


Georgios Leventis, Nikolaos Vafeias


Malcon Navigation Co. ltd., Brave Bulk Transport ltd.,

JUDGMENT OF THE COURT (Seventh Chamber),28 June 2017

* Language of the case: Greek. for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001— Article 23 –– Jurisdiction clause — Jurisdiction clause in a contract between two companies — Action for damages — Joint and several liability of representatives of one of those companies for tortious acts — Ability of the representatives to rely upon that clause)

 In those circumstances, the Areios Pagos (Supreme Court of Cassation) decided to stay the proceedings and to refer the following question to the Court of Justice for a preliminary ruling:

‘Does the jurisdiction clause which has been agreed pursuant to Article 23 of the Brussels I Regulation between companies and in the present case is included in the privately-executed agreement of 14 November 2007 between Malcon Navigation and Brave Bulk Transport, Article 10 of which provides that “the present agreement shall be governed by English law, it shall be subject to English jurisdiction and any dispute arising from or in connection with it shall be subject to the exclusive jurisdiction of the High Court of England and Wales”, also encompass, as regards acts and omissions of the organs of Brave Bulk Transport, who represent it and give rise to liability on its part pursuant to Article 71 of the Greek Civil Code, the persons responsible who acted in the performance of their duties and are liable under that article, in conjunction with Article 926 of the Greek Civil Code, jointly and severally with the company, a legal person?’

On those grounds, the Court (Seventh Chamber) hereby rules:

Article 23(1) 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 in a contract between two companies cannot be relied upon by the representatives of one of them to dispute the jurisdiction of a court over an action for damages which aims to render them jointly and severally liable for supposedly tortious acts carried out in the performance of their duties.

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