CELEX: 62010CN0543
Language: en
Date: 2010-11-22 00:00:00
Title: Case C-543/10: Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 22 November 2010 — Refcomp SpA v Axa Corporate Solutions Assurance SA, Axa France IARD, Emerson Network, Climaveneta SpA

12.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 46/3
            
         Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 22 November 2010 — Refcomp SpA v Axa Corporate Solutions Assurance SA, Axa France IARD, Emerson Network, Climaveneta SpA
   (Case C-543/10)
   2011/C 46/04
   Language of the case: French
   
      Referring court
   
   Cour de Cassation
   
      Parties to the main proceedings
   
   
      Applicant: Refcomp SpA
   
      Defendants: Axa Corporate Solutions Assurance, Axa France IARD, Emerson Network, Climaveneta SpA
   
      Questions referred
   
   
               1.
            
            
               Is a clause conferring jurisdiction which has been agreed, in a chain of contracts under Community law, between a manufacturer of goods and a buyer in accordance with Article 23 of Regulation No 44/2001 of 20 December 2000 (1) effective as against the sub-buyer and, if so, under what conditions?
            
         
               2.
            
            
               Is the clause conferring jurisdiction effective as against the sub-buyer and its subrogated insurers even if Article 5(1) of Regulation No 44/2001 of 20 December 2000 does not apply to the sub-buyer’s action against the manufacturer, as the Court held in its judgment of 17 June 1992 in Handte
                   (2)?
            
         
      (1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1)
   
      (2)  Judgment of 17 June 1992, Handte, C-26/91, ECR 1992, p. I-03967