La concreción del lugar donde se ha producido el hecho dañoso en el art. 5.3 del Reglamento 44/2001: nota a la STJCE de 16 de julio de 2009
Keywords:
judicial cooperation in civil and commercial matters, jurisdiction and enforcement of judgments, Regulation (EC) No 44/2001, special jurisdictions, special jurisdiction in tort, definition of the “place where the harmful event occurred”Abstract
Judgment Zuid-Chemie BV, C-189/09, of 16th July 2009, sheds some light on a very important question for the European industry on manufacturing products. Article 5(3) of Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, in a dispute concerning the damage caused to an undertaking by the delivery of a contaminated chemical product which rendered unusable the fertiliser that the undertaking produces from a number of raw materials and by the processing of that product, the words ‘place where the harmful event occurred’ designate the place where the initial damage occurred as a result of the normal use of the product for the purpose for which it was intended.