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EU law question

PostPosted: Sun Jun 18, 2017 5:11 pm
by iwanttoaskaquestion
Well let us leave aside the facts that things will/may change due to BREXIT
for now things are as they are/were.

Here's is my question if I may. Is a mailing address in another (not UK)
EU country sufficient to ground Jurisdiction for a UK Ltd company in that
other EU Country ? Would the directors/shareholders of that UK Ltd company
also then be considered as subject to that other Country's jurisidction ?.

Thanks

Re: EU law question

PostPosted: Sun Jun 18, 2017 5:59 pm
by dls
Sensible question but the answer may not be simple.

If the issue is a consumer one then the jurisdiction is quite wide. As I remember it a consumer, say in Poland, buying from a UK company and falling out has the right to sue in Poland - without any evidence of an address.

Re: EU law question

PostPosted: Sun Jun 18, 2017 6:09 pm
by iwanttoaskaquestion
The matter was the UK Limited company BUYING a non tangible "product" in the other EU Country
and agreed to the other EU Country's Company's T&C's that the UK Ltd company be bound by
the other EU Country's Jurisdiction in respect of any legal matters arising out of the purchase.
However the agreement to be bound was the UK Ltd Company's agreement ,NOT the director's or
shareholders. Any legal action would NOT involve the company the product was purchased from
it would involve a third party company from yet another EU Country (i.e. not the Country where the
product was purchased.

What I am trying to find out is whether that other EU Country Company could ground jurisdiction
IN THE COUNTRY WHERE THE PRODUCT WAS PURCHASED (even thougb such litigation
would NOT involved the seller of the product at all) against a shareholder or director when in the UK
the director would NOT be liable or at risk at all.

Thanks

Re: EU law question

PostPosted: Sun Jun 18, 2017 8:10 pm
by atticus
Isn't that at least in part a question of the law of the other Member State?

Re: EU law question

PostPosted: Mon Jun 19, 2017 10:00 am
by dls
Any set of T&Cs will normally state that the parties agree to a particular jurisdiction.

Re: EU law question

PostPosted: Tue Jun 20, 2017 7:04 pm
by iwanttoaskaquestion
dls wrote:Any set of T&Cs will normally state that the parties agree to a particular jurisdiction.


Yes the Ltd Company did agree to the T & C's as the Ltd company, but did NOT include the directors and shareholders
of same.

Re: EU law question

PostPosted: Tue Jun 20, 2017 7:14 pm
by atticus
That is because the contracting party is the company.

If these directors think there is a real risk they may be sued in some other jurisdiction, they might consider issuing a claim in the English courts for a declaration that they have no liability. That should grab jurisdiction for that issue.

Re: EU law question

PostPosted: Tue Jun 20, 2017 7:35 pm
by dls
Start from the presumption (rebuttable) that it is the company which is liable, and only the company.
That is what limited liability is.
However, UK law allows directors to be personally responsible - generally - where they take part in a tort of the company. Shareholders -no.

Of course, we cannot answer for the law in another unspecified (or even specified) jurisdiction, but broadly EU law will be parallel to UK law (complying with EU directives etc)