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Case C-393/23, Athenian Brewery and Heineken: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 28 June 2023 — Athenian Brewery SA, Heineken NV v Macedonian Thrace Brewery SA
ECLI:EU:UNKNOWN:62023CN0393
62023CN0393
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Official Journal of the European Union
Series C
C/2023/115
16.10.2023
(Case C-393/23, Athenian Brewery and Heineken)
(C/2023/115)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants: Athenian Brewery SA, Heineken NV
Defendant: Macedonian Thrace Brewery SA
Questions referred
1.In a case such as that at issue in these proceedings, must the court of the parent company’s domicile, when assessing its jurisdiction under Article 8(1) of the Brussels Ia Regulation with regard to a subsidiary established in another Member State, in the context of the close-connection requirement referred to in that provision, rely on the presumption — accepted as regards substantive competition law — that the parent company exercises decisive influence on the economic activity of the subsidiary which is the subject of the proceedings?
2.If the first question is answered in the affirmative, how is the criterion formulated in the judgments Kolassa and Universal Music to be interpreted? In such a case, where the parent company’s decisive influence on the economic activity of the subsidiary is disputed, is it sufficient for the assumption of jurisdiction under Article 8(1) of the Brussels Ia Regulation as regards the subsidiary concerned, that the existence of such a decisive influence cannot be excluded a priori?
(1) 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 (OJ 2012 L 351, p. 289).
(2) C-375/13.
(3) C-12/15.
ELI: http://data.europa.eu/eli/C/2023/115/oj
ISSN 1977-091X (electronic edition)