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Case C-825/24, JMIB Holdings: Request for a preliminary ruling from the Cour de cassation (France) lodged on 3 December 2024 – JMIB Holdings BV v SF, KT, VG, NK

ECLI:EU:UNKNOWN:62024CN0825

62024CN0825

December 3, 2024
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Official Journal of the European Union

EN

C series

C/2025/1525

17.3.2025

(Case C-825/24, JMIB Holdings)

(C/2025/1525)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: JMIB Holdings BV

Respondents: SF, KT, VG, NK

Questions referred

1.Must Article 25 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ia) (1) be interpreted as meaning that, where a contract contains a stipulation for the benefit of third parties, the ability of the third-party beneficiary of that clause to rely on the jurisdiction clause in that contract falls within the scope of the law applicable to the contract or of a substantive rule derived from that article?

2.In the second situation, must Article 25 of the Brussels Ia Regulation be interpreted as meaning that, where a party to a contract enters into an obligation towards a third party, the jurisdiction clause in the contract may, whatever the nature of the contract, be relied on by the third party against the parties to the contract?

3.Must Article 25 of the Brussels Ia Regulation be interpreted as meaning that a jurisdiction clause, contained in a contract which defines a category of beneficiaries of the obligations entered into by the parties and lays down the procedure for designating those beneficiaries, may be relied on against the parties to the contract by a third party who is not expressly named in that contract and who claims to be the beneficiary of the stipulation for the benefit of third parties?

4.Must Article 25 of the Brussels Ia Regulation be interpreted as meaning that the possibility of relying on a jurisdiction clause by the beneficiary of a stipulation for the benefit of third parties is subject to the express indication in the contract that the stipulation for the benefit of third parties applies to the jurisdiction clause?

(1) OJ 2012 L 351, p. 1.

ELI: http://data.europa.eu/eli/C/2025/1525/oj

ISSN 1977-091X (electronic edition)

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