28.8.2017
EN
Official Journal of the European Union
C 283/11
Judgment of the Court (Seventh Chamber) of 28 June 2017 (request for a preliminary ruling from the Areios Pagos — Greece) — Georgios Leventis, Nikolaos Vafeias v Malcon Navigation Co. ltd., Brave Bulk Transport ltd
(Case C-436/16) (1)
((Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation (EC) No 44/2001 - Article 23 - Jurisdiction clause - Jurisdiction clause in a contract between two companies - Action for damages - Joint and several liability of representatives of one of those companies for tortious acts - Ability of the representatives to rely upon that clause))
(2017/C 283/15)
Language of the case: Greek
Referring court
Areios Pagos
Parties to the main proceedings
Applicants: Georgios Leventis, Nikolaos Vafeias
Defendants: Malcon Navigation Co. ltd., Brave Bulk Transport ltd
Operative part of the judgment
Article 23(1) 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 a jurisdiction clause in a contract between two companies cannot be relied upon by the representatives of one of them to dispute the jurisdiction of a court over an action for damages which aims to render them jointly and severally liable for supposedly tortious acts carried out in the performance of their duties.
(1) OJ C 392, 24.10.2016.