Reference for a preliminary ruling from Supreme Court (Ireland) made on 6 August 2007 — Nicole Hassett and Cheryl Doherty/The Medical Defence Union Limited and MDU Services Limited v Raymond Howard and Brian Davidson

(Case C-372/07)

(2007/C 283/10)

Language of the case: English

Referring court

Supreme Court, Ireland

Parties to the main proceedings

Applicants: Nicole Hassett and Cheryl Doherty/The Medical Defence Union Limited and MDU Services Limited

Defendants: Raymond Howard and Brian Davidson

Questions referred

Where medical practitioners form a mutual defence organisation taking the form of a company, incorporated under the laws of one Member State, for the purpose of providing assistance and indemnity to its members practising in that and another Member State in respect of their professional practice, and the provision of such assistance or indemnity is dependant on the making of a decision by the Board of Management of that company, in accordance with its Articles of association, in its absolute discretion, are proceedings in which a decision refusing assistance or indemnity to a medical practitioner practising in the other Member State pursuant to that provision is challenged by that medical practitioner as involving a breach by the company of contractual or other legal rights of the medical practitioner concerned to be considered to be proceedings which have as their object the validity of a decision of an organ of that company for the purposes of Article 22, paragraph 2 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) so that the courts of the Member State in which that company has its seat have exclusive jurisdiction?

(1)  Council Regulation (EC) No 44/2201 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, p. 1).