Request for a preliminary ruling from the Areios Pagos (Greece) lodged on 4 August 2016 — Georgios Leventis, Nikolaos Vafeias v Malcon Navigation Co. Ltd, Brave Bulk Transport Ltd

(Case C-436/16)

(2016/C 392/14)

Language of the case: Greek

Referring court

Areios Pagos (Greece)

Parties to the main proceedings

Appellants: Georgios Leventis, Nikolaos Vafeias

Respondents: Malcon Navigation Co. Ltd, Brave Bulk Transport Ltd

Question referred

Does the jurisdiction clause which has been agreed pursuant to Article 23(1) of Regulation (EC) No 44/2001 (1) between companies and in the present case is included in the privately-executed agreement of 14 November 2007 between the first and second respondents, Article 10 of which provides that ‘the present agreement shall be governed by English law, it shall be subject to English jurisdiction and any dispute arising from or in connection with it shall be subject to the exclusive jurisdiction of the High Court of England and Wales’, also encompass, as regards acts and omissions of the organs of the second respondent, who represent it and give rise to liability on its part pursuant to Article 71 of the Greek Civil Code, the persons responsible who acted in the performance of their duties and are liable under that article, in conjunction with Article 926 of the Greek Civil Code, jointly and severally with the company, a legal person?

(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).