Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10) – WLR Daily

Posted June 6th, 2011 in contracts, EC law, interpretation, jurisdiction, law reports, regulations by tracey

Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10);  [2011] WLR (D)  188

“The exclusive jurisdiction, conferred by article 22(2) of Council Regulation (EC) No 44/2001, on the courts of the member state in which a company had its seat, was confined to proceedings whose principal subject matter comprised the validity of the constitution, the nullity or the dissolution of the company, or the validity of the decisions of its organs. It did not apply to proceedings in which such an issue arose merely as a collateral question, for example where a company, sued by a bank to enforce a swap contract, sought to plead that the contract had been entered into invalidly in breach of the company’s own statutes.”

WLR Daily, 12th May 2011


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