November 29
2021
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19th July 2021
Competition & State Aid Justice & Litigation

Analysis: “The Court of Justice on international and territorial jurisdiction in the place where damage occurred” by Patricia Pérez Fernández

Besides questions related to the liability of subsidiaries for damage caused by their parents (see here), the trucks-cartel has also led to a preliminary ruling request on the concept of the ‘place where the harmful event occurred’ ex Article 7(2) of Regulation 1215/2012.

In this case, the claimant (a buyer of five trucks from a Volvo Group dealer) brought a damages action before a commercial court based in Madrid, although its domicile is in Córdoba. Volvo did not challenge the territorial jurisdiction of the Spanish court, but rather claimed that the harmful event occurred, within the meaning of the mentioned Regulation, where the trucks cartel was concluded (in other Member States). Volvo claimed that the harm did not take plac

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