Conflict of Laws
  • About
  • Editorial board
  • Subscription
  • Submission
  • Materials
  • Contact
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

French Supreme Court follows ECJ judgment on jurisdiction clauses in Refcomp

September 24, 2013/in /by Gilles Cuniberti
image_pdfimage_print

Vincent Richard is a Research Fellow at the Max Planck Institute Luxembourg.

On September 11th, 2013, the French Supreme Court for private and criminal matters (Cour de Cassation) rendered its final decision in Refcomp SPA v. Axa Corporate solutions assurances (in French).

This case on the possible transmission of a jurisdiction clause in a succession of contracts transferring ownership gave rise to a preliminary ruling of the ECJ which was reported on this blog.

In its decision the ECJ ruled that a jurisdiction clause could not be relied against a sub-buyer unless it is established that he has actually consented to the clause under the conditions of article 23 Brussels I. According to the ECJ, the application of the French rule whereby a sub-buyer can bring a contractual action against the manufacturer and thus be bound by a jurisdiction clause, would have infringed the uniform application of the Brussels I regulation.

Unsurprisingly, the French Supreme Court acknowledged and complied with this decision by confirming the French courts’ jurisdiction against Refcomp SPA. The court expressly mentions the ECJ ruling and then applies it in the present situation thus denying any effect to the jurisdiction clause against a sub-buyer (Doumer SNC insured by Axa) who has not agreed to it.

Refcomp will thus have to defend himself before French courts despite having concluded a jurisdiction clause in favour of an Italian court when he sold his product to his Italian client (Climaveneta).

Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Gilles Cuniberti https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Gilles Cuniberti2013-09-24 06:01:422013-09-24 06:05:29French Supreme Court follows ECJ judgment on jurisdiction clauses in Refcomp

Categories

  • Views
  • News

Most Recent Posts

  • Persistent and Reasonable Efforts in the Field of Cross-Border Service of Documents. Continuation or Stay of Proceedings? September 12, 2026
  • Speaking for the Dead: Idziski and the Forum for Post-Mortem Likeness Claims September 7, 2026
  • Book Review: Andrew Dickinson and Alexander Thompson, The State Immunity Act 1978 (OUP, 2025) September 7, 2026
  • Political Immobilisation of Iranian Diaspora Property: Lex Situs, Human Rights and Public Policy August 22, 2026
  • The Demise of the Lex Domicilii Matrimonii in South African Private International Law August 18, 2026
  • Support in cross-border transactions by Adults: Contract law vs capacity law August 12, 2026
  • Recognition of Italian Extrajudicial Divorces in Tunisia — Between Methodological Uncertainty and the Need to Preserve Continuity of Personal Status Across Borders August 9, 2026
  • Private International Law and European Society August 4, 2026
  • The New Zealand Supreme Court’s judgment in Kea Investments Ltd v Wikeley on anti-enforcement relief August 3, 2026
  • Beyond Domicile: The BHP Litigation and the Functional Interconnection of Public and Private International Law August 3, 2026
  • Conflicts of jurisdiction in Senegal: lesson from the Senegalese Supreme Court on Lis Pendens and the Exequatur of foreign judgments July 27, 2026
  • Adoption in the proposal for a European Parenthood Regulation July 21, 2026
  • Copyright, Targeting and Geo-Blocking: The CJEU Stirs the Pot July 15, 2026
  • A Follow-Up: The German Judges Association’s Response to the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions July 15, 2026
  • Private International Law Dimensions of Singapore’s New Legislation to Combat Online Harms July 14, 2026
Link to: Call for Papers: Boundaries of European Private International Law Link to: Call for Papers: Boundaries of European Private International Law Call for Papers: Boundaries of European Private International Law Link to: UK Supreme Court Rules on Return of British Children Link to: UK Supreme Court Rules on Return of British Children UK Supreme Court Rules on Return of British Children
Scroll to top Scroll to top Scroll to top