CASE COMMENTS: PROCEDURES – EUROPEAN UNION – CIVIL AND COMMERCIAL MATTERS – JURISDICTION CLAUSE – ACTION FOR DAMAGES

Jurisdiction clause: The Court of Justice of the European Union admits the application of a jurisdiction clause to disputes arising from an infringement of Article 102 TFEU even if they are not specially covered by the clause (Apple Sales International...)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In the present case, in 2002, a supplier had concluded an authorised reseller agreement whereby its partner undertook to distribute its products on a virtually exclusive basis. That agreement contained a clause conferring 'general' jurisdiction on the Irish courts. In 2012, the Distributor sued the supplier's US and French entities before the Commercial Court of Paris (France) for liability for acts of unfair competition and abuse of a dominant position, based in particular on Article 102 TFEU. This court nevertheless upheld the plea of lack of jurisdiction raised by the defendant because of the existence of the forum selection clause. The appeal judge

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Alexandre Lacresse, Jurisdiction clause: The Court of Justice of the European Union admits the application of a jurisdiction clause to disputes arising from an infringement of Article 102 TFEU even if they are not specially covered by the clause (Apple Sales International...), 24 October 2018, Concurrences N° 1-2019, Art. N° 89342, pp. 168-169

Visites 210

All reviews