Opinion of the Advocate General — ECLI:EU:C:2017:872
Date: 2017-11-16
Language of the case: Czech
Subject matter: Area of freedom, security and justice;Judicial cooperation in civil matters
Procedure: Reference for a preliminary ruling;Reference for a preliminary ruling - decision unnecessary
Origin: Czechia

Summary — Judgment of the Court (First Chamber), 7 March 2018 Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Exclusive jurisdiction — Proceedings concerning companies or other legal persons — Jurisdiction of the courts of the Member State in which the company has its seat — Scope — Action for review of the reasonableness of the consideration to be paid by the principal shareholder of a company to the minority shareholders in the event of a compulsory transfer of shares — Included (Council Regulation No 44/2001, Art. 22(2)) Article 22(2) 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 an action for review of the reasonableness of the consideration that the principal shareholder of a company is required to pay to the minority shareholders of that company in the event of the compulsory transfer of their shares to that principal shareholder comes within the exclusive jurisdiction of the courts of the Member State in which that company is established. (see para. 45 and operative part)