Emisión de obligaciones y cláusulas atributivas de competencia: condiciones de validez y oponibilidad a tercerosSTJUE de 20 de abril de 2016, asunto C-366/13: Profit Investment SIM SpA (1)

Abstract

In relationship of Judgement of European Court of Justice of 20 April 2016, Profit Investment SIM SpA, this paper analyzes, on the one hand and ex art. 23 Regulation 44/2001 (now, art. 25 Regulation 1215/2012), the conditions for the prorogation of jurisdiction and enforceability against third parties, specifically, whether the issuer of the bonds may rely on the jurisdiction clause included in the prospectus against the last acquirer of those bonds, which acquired them through a contract concluded with a financial intermediary. On the other hand, the concept of matters relating to a contract of art. 5.1 Regulation 44/2001 (now, art. 7.1 Regulation 1215/2012) in relationship with a declaration of nullity of the agreements and recovery of sums paid; and, finally, the concept of irreconcilable judgments of art. 6 Regulation 44/2001 44 (now, art. 8.1 Regulation 1215/2012) between the declaration of nullity and recovery of sums paid, and claim for compensation for infringement of the principles of sound administration of companies and businesses