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European Communities L-2925 Luxembourg |
PROTOCOL 2 ANNEXED TO THE LUGANO CONVENTION |
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Library, Research and Documentation |
Recent case-law relating to the Brussels and Lugano Conventions on Jurisdiction and the Enforcement of Judgments in Civil and Commercial matters |
Convention |
| Court | : | Cour d’appel de Versailles |  |
| Date | : | 30.11.2000 |
| Parties | : | Sté BST PRO MARK Incorporation / SARL ERGECA |
| Publication | : | La Semaine juridique - entreprise et affaires
2001 p.491 (résumé) |
| Keywords | : |
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| E-17.01.01 | Brussels Convention - Prorogation of jurisdiction
- Agreement conferring jurisdiction - Effects - Counterclaim brought before a
court other than that agreed to - Primacy of Article 17 over Article 6(3) |
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| E-00 | Brussels Convention - General - Scope of the
Convention - Relationship between a branch, established in a Contracting
State, of a company domiciled in a third State and a company established in
another Contracting State - Inclusion - Applicability of the Convention |
| Summary | : | |
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1. Article 17 of the Brussels Convention, which provides for the exclusive
jurisdiction of the court designated by the parties, sets aside the rules of
jurisdiction, both general and special, and takes no account of any objective
connecting factor between the relationship at issue and the designated court.
It follows that, where there are two claims derived from the same contractual
situation, the provisions of Article 6(3) cannot be applied where there is a
clause conferring jurisdiction.
2. The relationship between, on the one hand, a permanent establishment
located in a Contracting State (the Netherlands) of a company domiciled in a
third State (the United States) and, secondly, a company established in
another Contracting State (France) falls within the scope of the Convention. |
| Annex | : | Judgment in original language (French) |
