Case C-64/17: Judgment of the Court (Seventh Chamber) of 8 March 2018 (request for a preliminary ruling from the Tribunal da Relação do Porto — Portugal) — Saey Home & Garden NV/SA v Lusavouga-Máquinas e Acessórios Industriais SA (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 25 — Existence of a jurisdiction clause — Verbal agreement without written confirmation — Clause contained in the general terms and conditions of sale mentioned in invoices — Article 7(1)(b) — Commercial concession agreement between two companies established in different Member States in respect of the market of a third Member State — Article 7(1)(b), second indent — Determination of the court with jurisdiction — Place of performance of the obligation that is characteristic of such a contract)
Date: 2018-03-08
Institutions: Court of Justice
Subjects: concessionaire, contract terms, damages, establishment, invoicing, judicial cooperation in civil matters in the EU, jurisdiction, provision of services, sales representative, termination of a contract








C_2018161EN.01001201.xml










7.5.2018   


EN


Official Journal of the European Union


C 161/12





Judgment of the Court (Seventh Chamber) of 8 March 2018 (request for a preliminary ruling from the Tribunal da Relação do Porto — Portugal) — Saey Home & Garden NV/SA v Lusavouga-Máquinas e Acessórios Industriais SA
(Case C-64/17) (1)

((Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Article 25 - Existence of a jurisdiction clause - Verbal agreement without written confirmation - Clause contained in the general terms and conditions of sale mentioned in invoices - Article 7(1)(b) - Commercial concession agreement between two companies established in different Member States in respect of the market of a third Member State - Article 7(1)(b), second indent - Determination of the court with jurisdiction - Place of performance of the obligation that is characteristic of such a contract))
(2018/C 161/14)
Language of the case: Portuguese

Referring court

Tribunal da Relação do Porto

Parties to the main proceedings


Applicant: Saey Home & Garden NV/SA

Defendant: Lusavouga-Máquinas e Acessórios Industriais SA

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, subject to the verifications to be made by the referring court, a jurisdiction clause, such as that at issue in the main proceedings, set out in the general conditions of sale mentioned in invoices issued by one of the contracting parties does not satisfy the requirements of that provision.










(2)


Article 7(1) of Regulation No 1215/2012 must be interpreted as meaning that the court with jurisdiction, by virtue of that provision, to hear a claim for compensation relating to the termination of a commercial concession agreement concluded between two companies established and operating in two different Member States for the distribution of goods on the domestic market of a third Member State in which neither of those companies has a branch or establishment, is that of the Member State in which the place of the main supply of services, as is clear from the provisions of the contract and, in the absence of such provisions, the actual performance of that contract, and where it cannot be determined on that basis, the place where the agent is domiciled.






(1)  OJ C 112, 10.4.2017.