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France: Jurisdiction clause

11 March 2014
Pursuant to Article 23 of EC Regulation no. 44/2001 on jurisdiction, a jurisdiction clause inserted in the contract signed between the manufacturer of a good and the first buyer does not bind the second buyer, except if the latter expressly gave his/her consent to the said jurisdiction clause. In the present case, the French Supreme Court ruled that a jurisdiction clause which was not ratified by a second buyer does not bind the insurer of the said second buyer initiating legal proceedings against the manufacturer of the air-conditioning units bought (French Supreme Court, 11 September 2013, no. 09-12442).

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