The first claimant was an English company all of whose shares were owned by a Turkish company. The second claimant as director caused changes to the company’s constitution and share structure. The parties disputed the jurisdiction of the UK Courts to hear the claim.
Held: Lord Sales said: ‘I would allow the appeals by Koza Altin and the trustees and would accept their case that (i) the English courts have no jurisdiction under article 24(2) of the Recast Regulation over the trustees in relation to any part of the claims; (ii) the English courts have jurisdiction under that provision over Koza Altin in respect of the English company law claim, which is principally concerned with the affairs of Koza Ltd; and (iii) the English courts have no jurisdiction under that provision over Koza Altin in respect of the authority claim, which is principally concerned with the conduct of the business of Koza Altin.’
Judges:
Lord Reed, Deputy President,Lord Hodge, Lady Black, Lord Briggs, Lord Sales
Citations:
[2019] UKSC 40, UKSC 2017/0195, [2020] 1 BCLC 399, [2019] ILPr 37, [2020] 3 All ER 97, [2019] 1 WLR 4830, [2019] BCC 1194
Links:
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2019 Mar 19 am Video, SC 2019 Mar 19 pm Video
Statutes:
Brussels I Recast Regulation (Parliament and Council Regulation (EU) 24(2)
Jurisdiction:
England and Wales
Citing:
See Also – Koza Ltd and Another v Akcil and Others CA 18-Oct-2017
Appeal as to jurisdiction in dispute over control of English registered company based in Turkey. . .
See Also – Koza Ltd and Another v Akcil and Others ChD 21-Dec-2016
. .
See Also – Koza Ltd and Another v Akcil and Others ChD 16-Nov-2017
. .
See Also – Koza Ltd and Another v Akcil and Others ChD 26-Feb-2018
Application to add party out of jurisdiction and for service . .
At first Instance – Koza Ltd and Another v Akcil and Others ChD 19-Jun-2018
Struggle for control of company . .
Cited – Hassett v South Eastern Health Board, Doherty v North Western Health Board, (Judgments Convention / Enforcement of Judgments) ECJ 2-Oct-2008
Europa Jurisdiction Regulation (EC) No 44/2001 Point 2 of Article 22 Disputes as to the validity of decisions of organs of companies Exclusive jurisdiction of the courts of the State where the company has its . .
Cited – Gesellschaft fur Antriebstechnik mbH and Co. KG v Lamellen und Kupplungsbau Beteiligungs KG ECJ 13-Jul-2006
ECJ Brussels Convention – Article 16(4) – Proceedings concerned with the registration or validity of patents – Exclusive jurisdiction of the court of the place of deposit or registration – Declaratory action to . .
Cited – EON Czech Holding v Dedouch and Others ECJ 7-Mar-2018
(Judgment) Reference for a preliminary ruling – Regulation (EC) No 44/2001 – Jurisdiction in civil and commercial matters – Exclusive jurisdiction – Article 22(2) – Validity of decisions of the organs of companies or legal persons having their seat . .
Cited – Schmidt v Schmidt ECJ 16-Nov-2016
Avoidance of gift of land for lack of capacity
ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) No 1215/2012 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial . .
Cited – Granarolo SpA v Ambrosi Emmi France SA ECJ 14-Jul-2016
ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001- Article 5(1) and (3) – Court having jurisdiction – Concepts of ‘matters . .
Cited – Hassett v South Eastern Health Board, Doherty v North Western Health Board, (Judgments Convention / Enforcement of Judgments) ECJ 2-Oct-2008
Europa Jurisdiction Regulation (EC) No 44/2001 Point 2 of Article 22 Disputes as to the validity of decisions of organs of companies Exclusive jurisdiction of the courts of the State where the company has its . .
Cited – Falco Privatstiftung And Rabitsch v Weller-Lindhorst ECJ 23-Apr-2009
Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Regulation (EC) No 44/2001 Special jurisdiction Article 5(1)(a) and the second indent of Article 5(1)(b) The concept ‘provision of services’ Contract . .
Cited – Berliner Verkehrsbetriebe (Area Of Freedom, Security And Justice) ECJ 12-May-2011
ECJ Jurisdiction in civil matters – Articles 22(2) and 27 of Regulation (EC) No 44/2001 – Exclusive jurisdiction of the courts of the State in which a company has its seat to adjudicate upon disputes relating to . .
Cited – Taser International v SC Gate 4 Business SRL ECJ 17-Mar-2016
ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Contracts imposing an obligation on a Romanian . .
Cited – As Flylal-Lithuanian Airlines v VAS ‘Starptautiska lidosta ‘Riga” and AS ‘Air Baltic Corporation’ ECJ 3-Jul-2014
ECJ Opinion – Regulation (EC) No 44/2001 – Scope – Concept of civil and commercial matters – Compensation for breach of EU competition law – Recognition of provisional and protective measures – Public Order . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, European
Updated: 18 April 2022; Ref: scu.640084
