Application by the Defendant for an order pursuant to Article 22(2) of the Council Regulation No.44/2001 on Jurisdiction that this court has no jurisdiction. The proceedings before this court are said to be ‘proceedings which have as their object . . the validity of the decisions’ of the organs of a legal person, the Defendant, whose seat is in Germany. If that is so, then the courts of the Member State in which the company, legal person or association has its seat have exclusive jurisdiction.
Judges:
Teare J
Citations:
[2009] EWHC 1627 (Comm), [2009] 2 All ER (Comm) 1167, [2009] ILPr 47, [2010] QB 276, [2010] 2 WLR 690, [2010] Bus LR 138, [2009] 2 CLC 22
Links:
Statutes:
Council Regulation No.44/2001 22(2)
Jurisdiction:
England and Wales
Cited by:
Appeal from – Berliner Verkehrsbetriebe (BVG) Anstalt Des Offentlichen Rechts v JP Morgan Chase Bank N.A. and Another CA 28-Apr-2010
The court considered whether it had jurisdiction in a dispute regarding a default credit swap agreement. . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, European
Updated: 18 April 2022; Ref: scu.347699