12.2.2011

Official Journal of the European Union

C 46/3

Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 22 November 2010 — Refcomp SpA v Axa Corporate Solutions Assurance SA, Axa France IARD, Emerson Network, Climaveneta SpA

(Case C-543/10)

2011/C 46/04

Language of the case: French

Referring court

Cour de Cassation

Parties to the main proceedings

Applicant: Refcomp SpA

Defendants: Axa Corporate Solutions Assurance, Axa France IARD, Emerson Network, Climaveneta SpA

Questions referred

1.	Is a clause conferring jurisdiction which has been agreed, in a chain of contracts under Community law, between a manufacturer of goods and a buyer in accordance with Article 23 of Regulation No 44/2001 of 20 December 2000 (1) effective as against the sub-buyer and, if so, under what conditions?

2.	Is the clause conferring jurisdiction effective as against the sub-buyer and its subrogated insurers even if Article 5(1) of Regulation No 44/2001 of 20 December 2000 does not apply to the sub-buyer’s action against the manufacturer, as the Court held in its judgment of 17 June 1992 in Handte (2)?

(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)

(2) Judgment of 17 June 1992, Handte, C-26/91, ECR 1992, p. I-03967