Kolden Holdings Ltd v Rodette Commerce Ltd and Another: CA 21 Jan 2008

Lawrence Collins LJ said: ‘For the purposes of article 27, the question whether the ‘same cause of action’ is raised before the courts of two member states is answered by looking at the claims made, and not at the defences raised at a later stage to those claims: Case C-11/01 Gantner Electronic GmbH v Basch Exploitatie Maatschapi [2003] ECR I-4207, para 30: whether the ‘same cause of action’ is raised in the two actions is to be determined on the basis of ‘the respective claims in each of the sets of proceedings, and not to the defence which may be raised by a defendant’.’


Tuckey LJ, Lawrence Collins LJ, Rimer LJ


[2008] EWCA Civ 10, [2008] 1 Lloyd’s Rep 434, [2008] ILPr 20, [2008] Bus LR 1051, [2008] 1 CLC 1, [2008] 1 BCLC 481, [2008] 2 All ER (Comm) 289




Brussels Convention 27


England and Wales


CitedGantner Electronic GmbH v Basch Exploitatie Maatschappij BV ECJ 8-May-2003
The dutch based claimant sought damages for wrongful termination of what it said was a long-term contract. The claimant in Austria claimed the price of goods sold and delivered pursuant to a number of one-off contracts to which the defendant . .
See AlsoKolden Holdings Ltd v Rodette Commerce Ltd and Another ComC 4-Jul-2007
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Cited by:

CitedTelevision Autonomica Valenciana, Sa v Imagina Contenidos Audiovisuales, Sl ChD 8-Feb-2013
The defendant sought a stay of these proceedings pending the outcome of related proceedings in Spain. The claimant sought a declaration that a contract was terminated and damages for such breach. The Spanish proceedings were first in time.
Lists of cited by and citing cases may be incomplete.

Company, International, Contract

Updated: 12 July 2022; Ref: scu.263801