EU Courts - Where to Sue?
Jurisdiction of EU Courts Over Actions in EU StatesBols Distilleries BV and another v Superior Yacht Services Ltd
[2006] UKPC 45
PC
11 Oct 2006
Daily Law Notes SummaryFor the court of one EC member state to accept jurisdiction in a
claim brought against a defendant domiciled in another member
state, on the basis that there was a “good arguable case” that
such jurisdiction had been conferred by an agreement in writing
or evidenced in writing within the meaning of art 23(1)(a) of
Council Regulation (EC) 44/2001, the claimant had to show that on
the material available he had a much better argument than the
defendant that it could be established clearly and precisely that
the clause conferring jurisdiction was the subject of consensus
between the parties.