JURE SUMMARY

JURE SUMMARY

An Italian company concluded a commercial agency contract with several French partners. The contract contained a clause conferring jurisdiction on the Italian courts in the case of a dispute. Following cancellation of the contract, the partners brought an action against the Italian company for payment of compensation before a French court. The Italian company challenged the jurisdiction of the French court and claimed that the Italian courts had jurisdiction under the jurisdiction clause. The courts of first and second instance granted the request and declared that they lacked competence on the grounds that the fact that neither the jurisdiction clause nor the contract was signed by the parties did not invalidate the jurisdiction clause because the contract was performed. The partners lodged an appeal in cassation.   The Cour de cassation (FR) overturns the judgment. It holds that the court was nonetheless obliged to examine whether the jurisdiction clause had been accepted in writing within the meaning of Article 17 Brussels Convention, despite the fact that the contract had been performed.