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That reference has been made in proceedings brought before a French court in the course of which the clause conferring jurisdiction on an Italian court which was set out in the sales contract between the manufacturer, established in Italy, and the original purchaser of the contested goods, also established in Italy, was relied on by that manufacturer against a French sub-buyer and the insurer, also French, subrogated to the rights of that sub-buyer. The reference for a preliminary ruling made by the Cour de Cassation (France) concerns the interpretation of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. ( 2) ‛Jurisdiction in civil and commercial matters - Regulation (EC) No 44/2001 - Interpretation of Article 23 - Clause conferring jurisdiction as contained in a contract concluded between the manufacturer and the original purchaser of goods - Contract which forms part of a chain of contracts signed by parties established in different Member States - Enforceability of that clause against the sub-buyer of those goods and its subrogated insurer - Possible impact of the inapplicability of Article 5(1) of that regulation to the direct action by the sub-buyer against the manufacturer’ (Reference for a preliminary ruling from the Cour de cassation (Court of Cassation) (France)) Judicial cooperation in civil matters - Jurisdiction in civil and commercial matters - Regulation (EC) No 44/2001 - Interpretation of Article 23 - Jurisdiction clause in a contract concluded between the manufacturer and the initial buyer of goods - Contract forming part of a chain of contracts transferring ownership - Whether that clause may be relied on against the sub-buyer of the goods.ĭigital reports (Court Reports - general) Reference for a preliminary ruling: Cour de cassation - France. Refcomp SpA v Axa Corporate Solutions Assurance SA and Others. Opinion of Mr Advocate General Jääskinen delivered on 18 October 2012.