Seven Licensing Company Sarl & Anor v FFG-Platinum SA & Ors

Seven Licensing Company Sarl & Anor v FFG-Platinum SA & Ors

The degree of connection between the English and Greek proceedings is limited, the risk of mutually irreconcilable decisions is remote, and the English court is in the best position to decide the issues due to the exclusive English law and jurisdiction clauses. Therefore, it is not expedient to stay the English proceedings under Article 28.

Parties
Claimant: Seven Licensing Company Sarl; Claimant: 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 / Ruling on Application for Stay of Proceedings
Outcome
Defendants' application for a stay dismissed
Legal Topics
Stay of Proceedings, Jurisdiction Clauses, Enforcement of Judgments, Contractual Obligations
Civil Procedure Commercial Law Conflict of Laws Stay of Proceedings Jurisdiction Clauses Enforcement of Judgments Contractual Obligations

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Parties

Seven Licensing Company Sarl

Claimant

Seven Limited

Claimant

FFG-Platinum SA

Defendant/applicant

FFG-Platinum IP Rights Limited

Defendant/applicant

FFG-Platinum Designer Holdings Ltd

Defendant/applicant

Procedural Posture

Commercial / Ruling on Application for Stay of Proceedings

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 so closely related that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments

Ratio Decidendi

The degree of connection between the English and Greek proceedings is limited, the risk of mutually irreconcilable decisions is remote, and the English court is in the best position to decide the issues due to the exclusive English law and jurisdiction clauses. Therefore, it is not expedient to stay the English proceedings under Article 28.

Court Disposition

Defendants' application for a stay dismissed

Orders

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