Gasser v M I S A T

Standard

ECJ. this is about the 1968 Brussels convention

2003 case

a court chosen can stay its proceedings

Austrian supplier Gasser and the Italian company entered into an agreement about children’s clothes

There was a contracual  agreement

they chose a court in Austria t decide matters should there be any dispute abouut the contract

MISAT went to an Italian court to say that the contract had been terminated. MISAT has seised the court. This was contrary to the choice of court agreement

All EU states are signed up the Brussels convention on choice of court

where proceedings are brought in more than one member state in the same case the second seised court will stay proceedings until the first country has reached an outcome

The ECJ upheld the convention. There must be legal certainty

the choice of court rule stands

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About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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