Apple Sales International and other companies v MJA

European Union – Civil and commercial matters. Article 23 of Council Regulation (EC) No 44/2001 had to be interpreted as meaning that the application, in the context of an action for damages brought by a distributor against its supplier on the basis of art 102 of the Treaty on the Functioning of the European Union (TFEU), of a jurisdiction clause within the contract binding the parties was not excluded on the sole ground that that clause did not expressly refer to disputes relating to liability incurred as a result of an infringement of competition law. The Court of Justice of the European Union so held, among other things, in a preliminary ruling in proceedings between Apple Sales International and other related companies and the respondent, acting as liquidator of eBizcuss.com, concerning an action for damages brought by the latter company in respect of an infringement of art 102 TFEU.

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