Published on 24 September 2015
European legislation (European regulation (CE) n°44/2001, article 23) recognises the validity of an attributive clause of jurisdiction, only on condition that one of the parties resides in one of the member states and that the designated jurisdiction is that of one of the member states, without the necessity of the parties having the statute of trader.
Hypothetically, French jurisdiction should therefore override national law concerning the validity of attributive clauses, which include the statute of trader of all parties, to give precedence to the more flexible European regulations which do not retain this criterion.
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