The International Commercial Chamber of the Court of Appeal of Paris (France) delivered on 25 May 2021 a judgment on International jurisdiction under Brussels I bis (ICCP-CA RG 20/12522).
Here is the official translation of the résumé of the decision: “The CCIP-CA had to rule on an appeal on the jurisdiction of an action for damages brought by a French company against a German certifying company (and its German insurer), based on an alleged tort from the latter producing certificates of conformity in the context of a contract with the manufacturer of the boxes necessary for the operation of photovoltaic panels.
The Court upheld the decision of the Court of first instance which ruled for the international jurisdiction of the French courts under Article 7 § 2 of the Brussels I Regulation (Recast) , which allows a person domiciled in a Member State to be sued “in matters relating to tort, delict or quasi-delict, in the courts of the place where the harmful event occurred or may occur “, and ruled out the question for a preliminary ruling by the CJEU.
The Court found, relying on the case law of the CJEU (§ 43 to 53) that the boxes of the photovoltaic panels had been installed on proprieties located in France and that the repair work resulting from the defect noticed had also been done on these facilities located in France. It considered that the installer company and its subrogated insurer were therefore “direct victims due to the normal use of panels” and that the place of occurrence of the initial damage was located in France (§ 55 to 60). However, considering that Article 7 point 2 of the Brussels I Regulation (recast) was intended to directly designate the competent court without referring to the internal rules of the Member States, which are therefore not practical, the Court held that each judicial court in the jurisdiction in which the contentious facility was located must have authority to hear this action (§ 61 et seq.)”.
The decision is not yet available. However, it is likely it will be in a few days (check the following link).