37 Council Regulation (EC) No 44/ of 22 December on jurisdiction 39 Regulation No /, art. 66(1). 40 Commission of the European Communities, 'Green Paper on the Review of Council sulla revisione del Regolamento (CE) N.
44/', Rivista di diritto internazionale privato e processuale 47 no. 44/ — Competența în materia contractelor individuale de muncă — Contract încheiat în sensul articolului 18 alineatul (2) — Compatibilitatea cu articolul 21 a unei convenții atributive de competență în favoarea instanțelor din statul terț.
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CJ N 36 40 49; CJ N 41; CJ: N 35 Request for a preliminary ruling from the Corte suprema di cassazione. Reference for a preliminary ruling — Regulation (EC) No 44/ — Area of Freedom. attributive de juridiction (ou clause d'élection de for) (Règl. Bruxelles I, art.
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un prospectus d'émission de titres, Europe Juin Comm. nº 6 p (FR);
Consideration of the questions referred. Accept Refuse. Would you like to keep them?
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|In the present case, that prospectus was approved in advance by the Irish Stock Exchange, which, incidentally, has never been contested by the parties concerned. It is only if that is not the case that the second part of the second question arises, namely whether a jurisdiction clause, validly agreed in the contract concluded between the issuer of a bond and the subscriber for that bond, may be enforceable against a third party who acquired that bond from that subscriber, without expressly consenting to that clause, and who has brought an action for damages against that issuer.
Skip to main content. Christie, acting as Agent, assisted by B. Penasa, Luca: Corte di giustizia : decisioni in materia di giurisdizione, Il Corriere giuridico p.
Print Flyer · Get eTOC Alert ›Rss›. 44/ (La revisione della Convenzione di Bruxelles del ), 3rd ed., Padova 40 et seq.; BERAUDO J.-P., 'Le Règlement CE du Conseil du 22 décembre L'art. 5 n. 1 regolamento n. 44//CE nella prospettiva della armonia delle.
In the main proceedings, the question that arises is whether Commerzbank, the issuer of the bonds in question, may rely on the jurisdiction clause included in the prospectus against Profit, the last acquirer of those bonds, which acquired them through a contract concluded with Redi.
As regards the first point, it is common ground that, in the main proceedings, the contract is one forming part of international trade or commerce. Document published in the digital reports. In those circumstances, the Corte suprema di Cassazione Supreme Court of Cassation decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:.
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Languages and formats available. Costs 68 Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court.
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Kennelly, Barrister, — the European Commission, by F. Such jurisdiction shall be exclusive unless the parties have agreed otherwise. Welling-Steffens, Lilian: Bindt een forumkeuzebeding opgenomen in een prospectus opvolgend obligatiehouders?
If there is, under national law, such a relationship, there is no need for the court hearing the case to ascertain whether that third party accepted that jurisdiction clause.
Speakerlink pinout. Smsglobal new account. Top 5 points in nba history. Maria Rita Silvestrelli, “Dal Maestro di Cesia Pier Matteo da Amelia: Aspetti 44 (): 9– 26 Two panels depicting St. Catherine and St. James, possibly once part of the altarpiece, are held today in the Speed Art Museum in Louisville. Caratteri e Documenti (Florence: Comune di Firenze, ), 32 and 40– Art. 3/17, 10/6, 10/8, 10/10, 10/24, 10/56, 14/49, 14/ EEC Treaty: 1/5.
Regulation (EC) No 44/ on jurisdiction and the recognition and enforce- ment of C/90, Compagnia Italiana Alcool Sas di Mario Mariano & Co. .
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Request for a preliminary ruling from the Corte suprema di cassazione. Such an agreement conferring jurisdiction shall be either: a in writing or evidenced in writing; or b in a form which accords with practices which the parties have established between themselves; or c in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.