CELEX: C2006/086/38
Language: en
Date: 2006-04-08 00:00:00
Title: Case C-98/06: Reference for a preliminary ruling from the Högsta Domstolen by order of that court of  8 February 2006  in Freeport PLC v Olle Arnoldsson

8.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 86/20
            
         Reference for a preliminary ruling from the Högsta Domstolen by order of that court of 8 February 2006 in Freeport PLC v Olle Arnoldsson
   (Case C-98/06)
   (2006/C 86/38)
   Language of the case: Swedish
   Reference has been made to the Court of Justice of the European Communities by order of the Högsta Domstolen (Supreme Court), Sweden of 8 February 2006, received at the Court Registry on 20 February 2006, for a preliminary ruling in the proceedings between Freeport PLC, London, Great Britain and Olle Arnoldsson on the following questions:
   
               1.
            
            
               Is an action based on alleged liability in damages for a joint-stock company as a consequence of a commitment undertaken to be regarded as being based on contract for the application of Article 6(1) of the First Brussels Regulation, even though the party which gave the commitment at the relevant time was neither a representative nor an agent of the company?
            
         
               2.
            
            
               If the answer to the first question is in the affirmative: is it a precondition for jurisdiction under Article 6(1), in addition to the conditions expressly laid down therein, that the action against a defendant domiciled in the same State as the court was not brought solely in order to have an action against another defendant heard by a court other than that which would otherwise have had jurisdiction to hear the case?
            
         
               3.
            
            
               If the answer to the first question is in the negative: should the likelihood of success of an action against the party domiciled in the same State as the court otherwise be taken into account in the determination of whether there is such a risk of irreconcilable judgments for the purposes of Article 6(1)?