Opinion of the Advocate General — ECLI:EU:C:2018:541
Date: 2018-07-05
Language of the case: French
Subject matter: Competition;Area of freedom, security and justice;Judicial cooperation in civil matters;Dominant position
Procedure: Reference for a preliminary ruling
Origin: France

Summary — Judgment of the Court (Third Chamber), 24 October 2018 1. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Prorogation of jurisdiction — Agreement conferring jurisdiction — Jurisdiction clause in a distribution contract — Action for damages by the distributor based on the infringement of Article 102 TFEU by the supplier — Application of the jurisdiction clause — Lawfulness (Council Regulation No 44/2001, Art. 23) 2. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Prorogation of jurisdiction — Agreement conferring jurisdiction — Jurisdiction clause in a distribution contract — Action for damages by the distributor based on the infringement of Article 102 TFEU by the supplier — Application of the jurisdiction clause — Conditions — Prior finding of an infringement of competition law by a national or European authority. — Exclusion (Council Regulation No 44/2001, Art. 23) 1. Article 23 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 the application, in the context of an action for damages brought by a distributor against its supplier on the basis of Article 102 TFEU, of a jurisdiction clause within the contract binding the parties is not excluded on the sole ground that that clause does not expressly refer to disputes relating to liability incurred as a result of an infringement of competition law. (see para. 30, operative part 1) 2. Article 23 of Regulation No 44/2001 must be interpreted as meaning that it is not a prerequisite for the application of a jurisdiction clause, in the context of an action for damages brought by a distributor against its supplier on the basis of Article 102 TFEU, that there be a finding of an infringement of competition law by a national or European authority. (see para. 36, operative part 2)