EUPillar Thomas Cook Tour Operations Ltd, Tourmajor Limited v Louis Hotels S.A. [2013] EWHC 2139 QB

Summary

The dispute was in respect of a tragic incident which occurred in October 2006 when two children died from carbon monoxide poisoning whilst asleep in a room in the defendants’ hotel. The claimants were from the Thomas Cook group of companies. The defendant was a Greek hotel. The claimants were suing for financial loss and expenses which incurred by them. They relied on a breach of contract which incorporated an English jurisdiction clause. The defendant’s challenged the jurisdiction of the English court, submitting that the dispute was principally concerned with a tenancy of immovable property, and as a result the Greek courts have exclusive jurisdiction. The English court dismissed the defendant’s jurisdictional challenge. Mrs Justice Swift held: 27 [...] the issues between the parties to this claim do not include any dispute as to title to land or involve any claim of title to land. Nor do those issues involve the application of any local rules of land law. Nor, applying the other limb of the relevant category of Article 22 , do they concern rights in rem in immovable property. Rather, they are concerned with the construction of a commercial contract for the provision of rooms and other services and alleged breaches of that contract. 28 Accordingly, I have no hesitation in concluding that Article 22 does not deprive this court of jurisdiction. I find that, pursuant to Article 23, Clause 51 of the contract confers jurisdiction on the English courts and I make the declarations sought by the claimants, namely that: (a) These proceedings do not have as their object rights in rem in immovable property or tenancies of immovable property; and (b) This Court has jurisdiction over these proceedings pursuant to Article 23 of the Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.” [27-28].