美国相关案例.docVIP

窗体顶端 1976 ECJ EUR-Lex LEXIS 322, * Copyright 2013 EUR-Lex, European Communities EUR-Lex Database: European Court of Justice Cases ?Judgment of the Court of 14 December 1976. Estasis Salotti di Colzani Aimo e Gianmario Colzani s.n.c. v Rüwa Polstereimaschinen GmbH. Reference for a preliminary ruling: Bundesgerichtshof - Germany. Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters - Article 17 (jurisdiction by consent). Case 24-76. Court of Justice of the European Communities European Court Reports 1976 Page 01831 1976 ECJ EUR-Lex LEXIS 322; 1976 ECR 01831 March 11, 1976 December 14, 1976 TYPE: ?[*1]? JudgmentSUBJECT: Brussels Convention of 27 September 1968; Brussels Convention of 27 September 1968 - JurisdictionPROCEDURE: Reference for a preliminary rulingDISPOSITION: ?ON THOSE GROUNDS ,?THE COURT?IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE BUNDESGERICHTSHOF BY ORDER OF 18 FEBRUARY 1976 , HEREBY RULES :?WHERE A CLAUSE CONFERRING JURISDICTION IS INCLUDED AMONG THE GENERAL CONDITIONS OF SALE OF ONE OF THE PARTIES , PRINTED ON THE BACK OF A CONTRACT , THE REQUIREMENT OF A WRITING UNDER THE FIRST PARAGRAPH OF ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS IS FULFILLED ONLY IF THE CONTRACT SIGNED BY BOTH PARTIES CONTAINS AN EXPRESS REFERENCE TO THOSE GENERAL CONDITIONS .??IN THE CASE OF A CONTRACT CONCLUDED BY REFERENCE TO EARLIER OFFERS , WHICH WERE THEMSELVES MADE WITH REFERENCE TO THE GENERAL CONDITIONS OF ONE OF THE PARTIES INCLUDING A CLAUSE CONFERRING JURISDICTION , THE REQUIREMENT OF A WRITING UNDER THE FIRST PARAGRAPH OF ARTICLE 17 OF THE CONVENTION IS SATISFIED ONLY IF THE REFERENCE IS EXPRESS AND CAN THEREFORE BE CHECKED BY A PARTY EXERCISING REASONABLE CARE .???[*2]?LANGUAGE: German;INTRODUCTION: ?IN CASE 24/76?REFERENCE TO THE COURT FOR A PRELIMINARY RULING PURSUANT TO AR