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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
ECLI:EU:UNKNOWN:62010CN0543
62010CN0543
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Valentina R., lawyer
12.2.2011
Official Journal of the European Union
C 46/3
(Case C-543/10)
2011/C 46/04
Language of the case: French
Referring court
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 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?
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)
Judgment of 17 June 1992, Handte, C-26/91, ECR 1992, p. I-03967