JURE SUMMARY

The plaintiff, domiciled in Piraeus (GR), bought a machine from a company seated in Belgium. The General Terms and Conditions of the seller attached to the contract included a clause conferring international jurisdiction to the courts of Courtai (BE). The plaintiff then filed an action before the Polymeles Protodikeio Peiraios (GR), seeking the reduction of the machine’s price alleging that it lacked the agreed qualities. The Court heard the case in default of the seller and admitted the action. The seller lodged an appeal before the Efeteio Peiraios (GR) and objected to the international jurisdiction of the Greek courts to hear the case. The Efeteio (GR) holds that Greek courts lack international jurisdiction for the following reasons. Both parties signed the contract which clearly states that the General Terms and Conditions of the seller form part of it. Moreover the parties signed a supplementary sales contract with a clause of retention of ownership, under the same terms with the first contract, including the prorogation clause. The Court holds that the conditions of Article 17 Brussels Convention are met since both contracts included express and clear reference to the seller’s General Terms and Conditions, which could be checked by the buyer by exercising usual care. Hence there is a valid prorogation clause and the action is dismissed since the First Instance Court lacked international jurisdiction.