Seven Licensing Company Sarl & Anor v FFG-Platinum SA & Ors [2011] EWHC 2967 (Comm) (16 November 2011)

Seven Licensing Company Sarl & Anor v FFG-Platinum SA & Ors [2011] EWHC 2967 (Comm) (16 November 2011)

The degree of connection between the English and Greek proceedings is limited; the Greek proceedings are narrow, involve different parties, and do not bind all relevant parties. The risk of irreconcilable judgments is remote. The English court is the proper forum due to exclusive jurisdiction and governing law clauses. The application for a stay is refused.

Citation
[2011] EWHC 2967 (Comm)
Parties
Claimant/respondent: Seven Licensing Company Sarl; Claimant/respondent: Seven Limited; Defendant/applicant: FFG-Platinum SA; Defendant/applicant: FFG-Platinum IP Rights Limited; Defendant/applicant: FFG-Platinum Designer Holdings Ltd
Jurisdiction
England and Wales
Judgment Date
16 November 2011
Procedural Posture
Commercial Court Application for Stay of Proceedings / Application for Stay Under Article 28 of Council Regulation (ec) No 44/2001
Outcome
Application for stay refused
Legal Topics
Jurisdiction, Stay of Proceedings, Exclusive Jurisdiction Clauses, Enforcement of Foreign Judgments, Contractual Obligations
Commercial Law Conflict of Laws Civil Procedure Jurisdiction Stay of Proceedings Exclusive Jurisdiction Clauses Enforcement of Foreign Judgments Contractual Obligations

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Parties

Seven Licensing Company Sarl

Claimant/respondent

Seven Limited

Claimant/respondent

FFG-Platinum SA

Defendant/applicant

FFG-Platinum IP Rights Limited

Defendant/applicant

FFG-Platinum Designer Holdings Ltd

Defendant/applicant

Procedural Posture

Commercial Court Application for Stay of Proceedings / Application for Stay Under Article 28 of Council Regulation (ec) No 44/2001

Legal Issues

  1. 1 Whether the English proceedings should be stayed under Article 28 of Council Regulation (EC) No 44/2001 due to related proceedings in Greece
  2. 2 Whether the English and Greek proceedings are sufficiently related to justify a stay
  3. 3 Whether there is a risk of irreconcilable judgments if both proceedings continue

Ratio Decidendi

The degree of connection between the English and Greek proceedings is limited; the Greek proceedings are narrow, involve different parties, and do not bind all relevant parties. The risk of irreconcilable judgments is remote. The English court is the proper forum due to exclusive jurisdiction and governing law clauses. The application for a stay is refused.

Court Disposition

Application for stay refused

Orders

  • Defendants' application for a stay of the English proceedings is dismissed.