GRANAROLO SPA V AMBROSI EMMI FRANCE SA

Case C-196/15, Court of Justice of the European Union, 14 July 2016

Conflict of laws - Jurisdiction - Meaning of "matters relating to a contract" - Meaning of "matters relating to tort or delict" - Abrupt termination of a long-standing business relationship - Action for damages - Meaning of "sale of goods" and "provision of services" - Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Regulation), article 5(1) and (3)

Ambrosi, established in Nice, France, had for approximately 25 years been distributing in France the food products made by Granarolo, established in Bologna, Italy. There was no framework contract or exclusivity agreement. On 10 December 2012 Granarolo informed Ambrosi that from 1 January 2013 its products would be distributed in France and Belgium by another French company. Ambrosi took the view that this amounted to abrupt termination of a long-standing business relationship, which required a minimum notice period according to the French Commercial Code. Ambrosi commenced an action for damages before the Commercial Court in Marseille, which took jurisdiction on the basis that it was a claim in tort, the harmful event taking place in France where the products were to be sold. Granarolo contested the jurisdiction of the Marseille court before the Paris Court of Appeal on the basis that the matter concerned contract and that the place of delivery was Granarolo’s factory in Bologna ("Ex works"). The Paris court referred the question of jurisdiction to the CJEU.