Official Journal of the European Union

C series

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C/2024/3569

17.6.2024

(Joined Cases C-345/22 to C 347/22,

Maersk and Others)

(Requests for a preliminary ruling - Judicial cooperation in civil and commercial matters - Regulation (EU) No 1215/2012 - Article 25(1) - Contract for the carriage of goods evidenced by a bill of lading - Jurisdiction clause incorporated in that bill of lading - Enforceability against the third-party holder of the bill of lading - Applicable law - National legislation requiring the individual and separate negotiation of the jurisdiction clause by the third-party holder of the bill of lading)

(C/2024/3569)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicants: Maersk A/S (C-345/22 and C-347/22), Mapfre España Compañía de Seguros y Reaseguros SA (C-346/22)

Defendants: Allianz Seguros y Reaseguros SA (C-345/22 and C-347/22), MACS Maritime Carrier Shipping GmbH & Co. (C-346/22)

Operative part of the judgment

1.Article 25(1) 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

must be interpreted as meaning that the enforceability of a jurisdiction clause against the third-party holder of the bill of lading containing that clause is not governed by the law of the Member State of the court or courts designated by that clause. That clause is enforceable against that third party if, on acquiring that bill of lading, it is subrogated to all of the rights and obligations of one of the original parties to the contract, which must be assessed in accordance with national substantive law as established by applying the rules of private international law of the Member State of the court seised of the dispute.

2.Article 25(1) of Regulation No 1215/2012

must be interpreted as precluding national legislation under which a third party to a contract for the carriage of goods concluded between a carrier and a shipper, who acquires the bill of lading evidencing that contract and thereby becomes a third-party holder of that bill of lading, is subrogated to all of the shipper’s rights and obligations, with the exception of those arising under a jurisdiction clause incorporated in the bill of lading, where that clause is enforceable against that third party only if the third party has negotiated it individually and separately.

* Language of the case: English.

ELI: http://data.europa.eu/eli/C/2024/3569/oj

ISSN 1977-091X (electronic edition)

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