Volvo (Assignation au siège d'une filiale de la defenderesse) (Judicial cooperation in civil and commercial matters - Service of judicial and extrajudicial documents - Judgment) [2024] EUECJ C-632/22 (11 July 2024)

Volvo (Assignation au siège d'une filiale de la defenderesse) (Judicial cooperation in civil and commercial matters - Service of judicial and extrajudicial documents - Judgment) [2024] EUECJ C-632/22 (11 July 2024)

A parent company domiciled in another Member State is not validly served with a summons for damages for competition law infringement by service at the address of its subsidiary in the forum state, even if both form an economic unit; service must comply with Regulation No 1393/2007, and the right to a fair trial protects both claimant and defendant individually.

Citation
[2024] EUECJ C-632/22
Parties
Defendant: Volvo AB; Claimant: Transsaqui SL
Jurisdiction
European Union
Judgment Date
11 July 2024
Procedural Posture
Preliminary Ruling (cjeu) / Reference From National Court (tribunal Supremo, Spain)
Outcome
Reference answered; service at subsidiary's address is not valid service on parent company under EU law.
Legal Topics
Service of Process, Right to a Fair Trial, Damages Actions for Competition Law Infringements, Cross Border Litigation, Subsidiary Liability, Procedural Economy
European Union Law Competition Law Civil Procedure Service of Process Right to a Fair Trial Damages Actions for Competition Law Infringements Cross Border Litigation Subsidiary Liability +1 more

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Parties

Volvo AB

Defendant

Transsaqui SL

Claimant

Procedural Posture

Preliminary Ruling (cjeu) / Reference From National Court (tribunal Supremo, Spain)

Legal Issues

  1. 1 Whether service of process on a parent company domiciled in another Member State can be validly effected at the address of its subsidiary in the forum state when both form an economic unit for competition law purposes.
  2. 2 Whether Article 47 of the Charter, read with Article 101 TFEU, precludes such service for the sake of procedural economy and access to justice.

Ratio Decidendi

A parent company domiciled in another Member State is not validly served with a summons for damages for competition law infringement by service at the address of its subsidiary in the forum state, even if both form an economic unit; service must comply with Regulation No 1393/2007, and the right to a fair trial protects both claimant and defendant individually.

Court Disposition

Reference answered; service at subsidiary's address is not valid service on parent company under EU law.

Orders

  • Article 47 of the Charter and Article 101 TFEU, read with Regulation No 1393/2007, preclude service of process on a parent company at the address of its subsidiary, even if they form an economic unit.