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Case C-436/16: Judgment of the Court (Seventh Chamber) of 28 June 2017 (request for a preliminary ruling from the Areios Pagos — Greece) — Georgios Leventis, Nikolaos Vafeias v Malcon Navigation Co. ltd., Brave Bulk Transport ltd (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Jurisdiction clause — Jurisdiction clause in a contract between two companies — Action for damages — Joint and several liability of representatives of one of those companies for tortious acts — Ability of the representatives to rely upon that clause)

ECLI:EU:UNKNOWN:62016CA0436

62016CA0436

June 28, 2017
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Official Journal of the European Union

C 283/11

(Case C-436/16) (<span class="super note-tag">1</span>)

((Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation (EC) No 44/2001 - Article 23 - Jurisdiction clause - Jurisdiction clause in a contract between two companies - Action for damages - Joint and several liability of representatives of one of those companies for tortious acts - Ability of the representatives to rely upon that clause))

(2017/C 283/15)

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicants: Georgios Leventis, Nikolaos Vafeias

Defendants: Malcon Navigation Co. ltd., Brave Bulk Transport ltd

Operative part of the judgment

Article 23(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a jurisdiction clause in a contract between two companies cannot be relied upon by the representatives of one of them to dispute the jurisdiction of a court over an action for damages which aims to render them jointly and severally liable for supposedly tortious acts carried out in the performance of their duties.

(<span class="note">1</span>) OJ C 392, 24.10.2016.

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