Court of Justice of the EU Holds that National Courts Have Jurisdiction to Block Sales on Foreign Websites
On 21 December 2016, the Court of Justice of the European Union (the CJEU) delivered an interesting judgment in Concurrence SARL v. Samsung Electronics France and Amazon Services Europe SARL on the interpretation of Article 5(3) of Regulation 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I Regulation).
Article 5(3) of the Brussels I Regulation provides that, in matters relating to tort, a person domiciled in an EU Member State may, in another EU Member State, be sued “in the courts for the place where the harmful event occurred or may occur“.
The CJEU delivered the judgment in response to a question referred for a preliminary ruling by the French Supreme Court in proceedings between, on the one hand, Concurrence SARL (Concurrence) and, on the other hand, Samsung Electronics France SAS (Samsung) and Amazon Services Europe SARL (Amazon).READ MORE