The Madrid Commercial Court requests a preliminary ruling to the EU Court of Justice concerning the international competence of the court which was contested by the defendants (RH / AB Volvo)

Choice of forum delicti in EU-wide cartel damages cases (C-30/20, RH vs Volvo) Does Art. 7(2) Brussels I bis determine territorial jurisdiction within the EU Member States, Madrid Commercial Court asks EU Court of Justice. The request for a preliminary ruling from the Madrid Commercial Court might seem trivial or easy to answer given the recent case law by the Court of Justice of the European Union (‘CJEU’). However, it touches upon the fundamental question of jurisdiction. The response from the CJEU would provide further guidance on the spectrum of courts competent to hear EU-wide damages cases. It could also enhance competition between Member States to attract competition damages litigation. Factual context On 22 January 2020, Madrid Commercial Court (‘Madrid Court’) lodged a

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Authors

  • CDC Cartel Damage Claims (Brussels)
  • CDC Cartel Damage Claims (Brussels)
  • 3C Compliance (Madrid)

Quotation

Vasil Savov, Juraj Siska, Julia Suderow, The Madrid Commercial Court requests a preliminary ruling to the EU Court of Justice concerning the international competence of the court which was contested by the defendants (RH / AB Volvo), 22 January 2020, e-Competitions June 2020, Art. N° 95277

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