Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The Court of Justice on Article 47 of Charter of Fundamental Rights, Article 101 TFEU and Regulation (EC) No 1393/2007 on cross-border service
11 July 2024
The Court of Justice of the European Union, by judgment ECLI:EU:C:2024:601, dated 11 July 2024, in Case C‑632/22 – in proceedings between Volvo AB and Transsaqui SL concerning damage allegedly suffered by the latter as a result of an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area of 2 May 1992 (OJ 1994 L 1, p. 3) (‘the EEA Agreement’) committed by several truck manufacturers, including Volvo – ruled that Article 47 of the Charter of Fundamental Rights of the European Union and Article 101 TFEU, read together with Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, must be interpreted as meaning that a parent company against which proceedings have been brought for compensation for damage caused by an infringement of competition law is not validly served with a summons where service of the document instituting the proceedings was effected at the address of its subsidiary domiciled in the Member State in which the proceedings were brought, even if the parent company forms an economic unit with that subsidiary.
The text is available here