Cour de cassation, civile, Chambre civile 1, 24 février 2016, 15-10639
The present case concerned the rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
In March 2006, Mr. X. concluded a franchise agreement with the company Hypromat France to operate a quick self-service car wash facility in Spain.
Subsequently, Mr.X. brought an action before the District court (Tribunal de grande instance) against its contractual partner seeking the voidness of the contract and the payment of damages.
On that occasion, the company Hypromat France raised the lack of jurisdiction in favour of the courts of Barcelona (Spain), under the jurisdiction clause included in the contract.
The Court of Appeal of Colmar (Cour d‘appel de Colmar) found that the French court had territorial jurisdiction.
However, the Court of Cassation (Cour de cassation) referred to Article 23 of Regulation (EC) No 44/2001 and ruled that under the aforementioned clause the courts of Barcelona shall have jurisdiction regarding any disputes arising from the interpretation and / or execution of the contract, without distinguishing between the subject of the application.
Consequently, the Court of Cassation annulled the judgment of the Court of Appeal of Colmar.
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