CELEX: 62016CA0436
Language: en
Date: 2017-06-28 00:00:00
Title: Case C-436/16: Judgment of the Court (Seventh Chamber) of 28 June 2017 (request for a preliminary ruling from the Areios Pagos — Greece) — Georgios Leventis, Nikolaos Vafeias v Malcon Navigation Co. ltd., Brave Bulk Transport ltd (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Jurisdiction clause — Jurisdiction clause in a contract between two companies — Action for damages — Joint and several liability of representatives of one of those companies for tortious acts — Ability of the representatives to rely upon that clause)

28.8.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 283/11
            
         Judgment of the Court (Seventh Chamber) of 28 June 2017 (request for a preliminary ruling from the Areios Pagos — Greece) — Georgios Leventis, Nikolaos Vafeias v Malcon Navigation Co. ltd., Brave Bulk Transport ltd
   (Case C-436/16) (1)
   
   ((Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation (EC) No 44/2001 - Article 23 - Jurisdiction clause - Jurisdiction clause in a contract between two companies - Action for damages - Joint and several liability of representatives of one of those companies for tortious acts - Ability of the representatives to rely upon that clause))
   (2017/C 283/15)
   Language of the case: Greek
   
      Referring court
   
   Areios Pagos
   
      Parties to the main proceedings
   
   
      Applicants: Georgios Leventis, Nikolaos Vafeias
   
      Defendants: Malcon Navigation Co. ltd., Brave Bulk Transport ltd
   
      Operative part of the judgment
   
   Article 23(1) 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 a jurisdiction clause in a contract between two companies cannot be relied upon by the representatives of one of them to dispute the jurisdiction of a court over an action for damages which aims to render them jointly and severally liable for supposedly tortious acts carried out in the performance of their duties.
   
      (1)  OJ C 392, 24.10.2016.