The parties bound by the forum selection clause. Commentary to the ECJ judgment of 28 june 2017, Leventis y Vafeias, c. 436/16

Abstract

This Judgment refers to whether a jurisdiction clause in a contract between two companies can be relied upon by the representatives of one of them to dispute the jurisdiction of a court over an action for damages which aims to render them jointly and severally liable for supposedly tortious acts carried out in the performance of their duties. The conclusion of the ECJ is that a jurisdiction clause may, in principle, produce effects only in the relations between the parties who have given their agreement to the conclusion of the contract.