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CJEU, Brussels I and jurisdiction clauses (Hoszig v Alstom Power Thermal Services)

Published on: 14 July 2016
Published by: LexisPSL
  • CJEU, Brussels I and jurisdiction clauses (Hoszig v Alstom Power Thermal Services)
  • Practical implications
  • Facts
  • 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

Article summary

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). or take a trial to read the full analysis.

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