- Court of Appeal: where is a company's central administration centre? (Young v Anglo American South Africa)
- Practical implications
- What assistance is there in interpreting the meaning of 'central administration'?
- What is the correct interpretation of 'central administration'?
- Was a reference to the CJEU required as to the interpretation of 'central administration'?
- Applying the interpretation to the facts
- Court details
Dispute Resolution analysis: the Court of Appeal considered the test to apply when determining where a company has its ‘central administration’ for the purposes of determining whether a court has jurisdiction under art 60 of Brussels I. The relevant test is ‘what was the place where the company, through the relevant organs according to its constitution, made decisions essential for its own business or where were the company’s own entrepreneurial decisions taken?’. The fact that a company was part of a group of companies, did not, on the facts in this case, make any difference to the test to be applied. However, an example was provided of where, on a factual basis, a different approach may be relevant. Of interest to practitioners, will be the fact that the Court of Appeal did not find any of the English cases on art 60, or its equivalent, helpful or persuasive and instead applied German case law and academic commentary.
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