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Document 62010CN0543

    Case C-543/10: 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

    SL C 46, 12.2.2011, p. 3–3 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    12.2.2011   

    EN

    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

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