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Court of Appeal dismisses appeal of ruling that German courts have jurisdiction over contractual dispute between an Irish company which is engaged in the sale and supply of kitchens and a German supplier, finding that the exclusive jurisdiction clause provided for in the contract is sufficiently broad so as to apply to all contractual disputes between the parties.
Contract law – commercial law – exclusive jurisdiction clause – prorogation of jurisdiction – which court should have exclusive jurisdiction to determine any disputes arising under that contract – Article 17 of the Brussels Convention – Article 25 of the Brussels Regulation (Recast) (Regulation No. 1215/2012) – interpretation of jurisdiction clause having regard to the relevant provisions of the Brussels Regulation – Art. 17(3) of Council Directive 86/653/EEC – European Communities (Commercial Agents) Regulations, 1994 (S.I. 33 of 1994) and the European Communities (Commercial Agents) Regulations, 1997 (S.I. 31 of 1997) – German courts alone have jurisdiction in this matter – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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