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Case Gothaer Allgemeine Versicherung - Judicial cooperation in civil matters
 

Judgment

Case C-456/11

 

Decision:

 

"On those grounds, the Court (Third Chamber) hereby rules:

1. Article 32 of Council Regulation (EC) n.º 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 n.º 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."



 

 
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