PIL instrument(s)

Case number and/or case name

DSG International Sourcing Ltd v Universal Media Corporation (Slovakia) SRO [2011] EWHC 1116 (Comm)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

05 May 2011

Appeal history

CJEU's case law cited by the court

Summary

The claimants were members of the Dixons group of companies. DSG Sourcing was an English company. The defendant, UMC, was a Slovakian company. The dispute was related to the terms of two “umbrella” agreements under which televisions were allegedly supplied in England. The claimants were seeking a declaration that they were entitled to a refund. The value of the total claim, which largely was for a refund of the price paid for televisions and damages, was for approximately £1.5 million. The main question was whether the English court had jurisdiction. After considering the relevant evidence, the English court held that the claimants had much better of the argument that the two “umbrella” agreements contained exclusive and non-exclusive jurisdiction clauses, respectively. Mr Justice Steel stated: “20 I conclude that the claimants have very much the better of the argument that the sale of OEM TVs was effected under the terms of TTOPS, being an agreement between the same parties and in respect of which there was consensus that an exclusive English jurisdiction clause applied. […] 28 I conclude that the claimants have very much the better of the argument that the Branded TVs were sold under the terms of this umbrella agreement which contained a non-exclusive jurisdiction clause.” [20-28]