Post by account_disabled on Jan 1, 2024 0:30:41 GMT -5
Ain the territory of a member state may be sued in another member state in delictual and quasidelict matters before the courts from the place where the prejudicial act occurred or is likely to occur . Regulation no. was repealed by Article of Regulation EU no. of the European Parliament and of the Council of December regarding judicial jurisdiction recognition and enforcement of judgments in civil and commercial matters OJ L p. . Pursuant to the second paragraph of Article the latter regulation is only applicable from January.
French law At the time of the facts in the main litigation Country Email List article L. paragraph point of the code de commerce Commercial Code provided It engages the responsibility of its author and obliges him to repair the damage caused by the act of any producer trader industry and or person registered in the register of professions which consists of Participation directly or indirectly in the violation of the prohibition of resale outside the network addressed to a distributor held by a selective or exclusive distribution agreement exempted under the applicable rules of competition law. Regarding the preliminary question By means of the preliminary question.
The referring court essentially asks to determine how Article point of Regulation no. for the purpose of assigning the judicial competence conferred by this provision to judge an action in liability for the violation of the prohibition of sale outside a selective distribution network resulting from making available on websites operating in different member states of products that are the subject of this network. that article point of Regulation no. must be interpreted autonomously and strictly and that the terms the place where the prejudicial act occurred or is likely to occur appearing in this provision refer both to the place where the damage materialized.
French law At the time of the facts in the main litigation Country Email List article L. paragraph point of the code de commerce Commercial Code provided It engages the responsibility of its author and obliges him to repair the damage caused by the act of any producer trader industry and or person registered in the register of professions which consists of Participation directly or indirectly in the violation of the prohibition of resale outside the network addressed to a distributor held by a selective or exclusive distribution agreement exempted under the applicable rules of competition law. Regarding the preliminary question By means of the preliminary question.
The referring court essentially asks to determine how Article point of Regulation no. for the purpose of assigning the judicial competence conferred by this provision to judge an action in liability for the violation of the prohibition of sale outside a selective distribution network resulting from making available on websites operating in different member states of products that are the subject of this network. that article point of Regulation no. must be interpreted autonomously and strictly and that the terms the place where the prejudicial act occurred or is likely to occur appearing in this provision refer both to the place where the damage materialized.