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5/4/2018

Legal News – International jurisdiction in summary expertise proceedings and in proceedings on the merits

French Supreme Court, 1st Civ. Chamber, March 14, 2018, N°16-19731

French Supreme Court, 1st Civ. Chamber, March 14, 2018, N°16-28302

In two decisions dated March 14, 2018, the French Supreme Court maintained its usual case-law on international jurisdiction.

  • At the stage of summary expertise proceedings, based on Article 145 of the French Code of Civil Procedure, it is not necessary to define which court would be competent in the case of subsequent proceedings on the merits.

 The mere fact that the expertise measures must be carried out in France gives jurisdiction to French courts.

To justify its position, the Court refers to Article 35 of Regulation (EC) No 1215/2012 on jurisdiction, known as Brussels I bis, according to which « application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that Member State, even if the courts of another Member State have jurisdiction as to the substance of the matter. »

French Supreme Court, 1st Civ. Chamber, March 14, 2018, N°16-19731

  • At the stage of proceedings on the merits, a jurisdiction clause validly concluded between two contracting parties applies exclusively and takes precedence over any other ground of jurisdiction.

With reference to Articles 8-1 and 25 of Regulation (EC) No 1215/2012 on jurisdiction known as Brussels I bis, the Court reiterates its now well-known position: « as stated in Articles 8-1 and 25, a jurisdiction clause validly concluded within the meaning of Article 25 and which confers jurisdiction on the court of a member state takes precedence over the special jurisdiction provided for in Article 8-1”.

When a jurisdiction clause is valid within the meaning of Article 25 of Regulation (EC) No 1215/2012 on jurisdiction, known as Brussels I bis, it is thus not possible to define another jurisdiction by defending that several parties are involved in the dispute, or that a particular connection with another court must be taken into account (Special jurisdiction under article 8-1).

French Supreme Court, 1st Civ. Chamber, March 14, 2018, N°16-28302

Solène Marais                                                                                                          4 May 2018

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