12.1.2013
EN
Official Journal of the European Union
C 9/19
Judgment of the Court (Third Chamber) of 15 November 2012 (reference for a preliminary ruling from the Landgericht Bremen — Germany) — Gothaer Allgemeine Versicherung AG, ERGO Versicherung AG, Versicherungskammer Bayern-Versicherungsanstalt des öffentlichen Rechts, Nürnberger Allgemeine Versicherungs-AG, Krones AG v Samskip GmbH
(Case C-456/11) (1)
(Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Articles 32 and 33 - Recognition of judgments - Concept of ‘judgment’ - Effects of a judgment on international jurisdiction - Jurisdiction clause)
2013/C 9/30
Language of the case: German
Referring court
Landgericht Bremen
Parties to the main proceedings
Applicants: Gothaer Allgemeine Versicherung AG, ERGO Versicherung AG, Versicherungskammer Bayern-Versicherungsanstalt des öffentlichen Rechts, Nürnberger Allgemeine Versicherungs-AG, Krones AG
Defendant: Samskip GmbH
Re:
Reference for a preliminary ruling — Landgericht Bremen — Interpretation of Articles 31 and 32 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Recognition of judgments issued in a Member State — Purely procedural judgment (‘Prozeßurteil’) — Judgment concerning the interpretation of a clause allocating jurisdiction, by which the national court declares that it lacks jurisdiction in holding that the court of a third State has jurisdiction — Extent of recognition
Operative part of the judgment
1.
Article 32 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that it also covers a judgment by which the court of a Member State declines jurisdiction on the basis of a jurisdiction clause, irrespective of how that judgment is categorised under the law of another Member State.
2.
Articles 32 and 33 of Regulation No 44/2001 must be interpreted as meaning that the court before which recognition is sought of a judgment by which a court of another Member State has declined jurisdiction on the basis of a jurisdiction clause is bound by the finding — made in the grounds of a judgment, which has since become final, declaring the action inadmissible — regarding the validity of that clause.
(1) OJ C 331, 12.11.2011.
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