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Case C-632/22, Volvo (service of summons at the registered office of a subsidiary of the defendant): Judgment of the Court (Fifth Chamber) of 11 July 2024 (request for a preliminary ruling from the Tribunal Supremo – Spain) – Volvo AB v Transsaqui SL. (Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 1393/2007 – Service of judicial and extrajudicial documents – Action for compensation for damage caused by a practice prohibited by Article 101(1) TFEU and by Article 53 of the Agreement on the European Economic Area – Document instituting proceedings served at the seat of a subsidiary of the defendant – Validity of the writ of summons – Charter of Fundamental Rights of the European Union – Article 47 – Right to effective judicial protection)

ECLI:EU:UNKNOWN:62022CA0632

62022CA0632

July 11, 2024
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Official Journal of the European Union

C series

C/2024/5197

(Case C-632/22,

(service of summons at the registered office of a subsidiary of the defendant))

Reference for a preliminary ruling - Judicial cooperation in civil and commercial matters - Regulation (EC) No 1393/2007 - Service of judicial and extrajudicial documents - Action for compensation for damage caused by a practice prohibited by Article 101(1) TFEU and by Article 53 of the Agreement on the European Economic Area - Document instituting proceedings served at the seat of a subsidiary of the defendant - Validity of the writ of summons - Charter of Fundamental Rights of the European Union - Article 47 - Right to effective judicial protection

(C/2024/5197)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Appellant: Volvo AB

Respondent: Transsaqui SL.

Other party: Ministerio Fiscal

Operative part of the judgment

Article 47 of the Charter of Fundamental Rights of the European Union and Article 101 TFEU, read together with Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000, must be interpreted as meaning that a parent company against which proceedings have been brought for compensation for damage caused by an infringement of competition law is not validly served with a summons where service of the document instituting the proceedings was effected at the address of its subsidiary domiciled in the Member State in which the proceedings were brought, even if the parent company forms an economic unit with that subsidiary.

ELI: http://data.europa.eu/eli/C/2024/5197/oj

ISSN 1977-091X (electronic edition)

* * *

(*1) Language of the case: Spanish.

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