- CJEU, Brussels I and jurisdiction clauses (Hoszig v Alstom Power Thermal Services)
- Practical implications
- Questions before the CJEU
- Rome I
- Brussels I
- Are the formal requirements of Brussels I, art 23 met if the jurisdiction provision is in general terms and conditions?
- Can a jurisdiction clause refer to the courts in a specific city?
- Court details
Dispute Resolution analysis: The Court of Justice of the European Union (CJEU) has held that a jurisdiction clause set out in general terms and conditions rather than the contract can be a valid jurisdiction clause if there has been explicit reference to the terms and conditions. It also held that where a jurisdiction clause provides for the courts of a city, rather than a Member State, to have jurisdiction in the event of a dispute this is a valid jurisdiction agreement under the provisions in article 23 of Regulation (EC) 44/2001 (Brussels I).
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