Concurrence SARL v Samsung Electronics France SAS and another company

European Union – Jurisdiction. The Court of Justice of the European Union gave a preliminary ruling deciding that art 5(3) of Council Regulation (EC) No 44/2001 had to be interpreted, for the purpose of conferring the jurisdiction given by that provision to hear an action to establish liability for infringement of the prohibition on resale outside a selective distribution network resulting from offers, on websites operated in various member states, of products covered by that network, as meaning that the place where the damage occurred was to be regarded as the territory of the member state which protected the prohibition on resale by means of the action at issue, a territory on which the applicant alleged to have suffered a reduction in its sales.

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