N.GRIGORIADIS & ASSOCIATES LAW FIRM

N.GRIGORIADIS & ASSOCIATES LAW FIRM

Decision no 5574/2014 of the Peace Magistrate of Athens concerning supplier’s lawsuit against the former distributor for rendering of supplier’s loaned vehicles after the agreement’s termination – Validity of jurisdiction clause

LEGAL ALERT

Decision no 5574/2014 of the Peace Magistrate of Athens concerning supplier’s lawsuit against the former distributor for rendering of supplier’s loaned vehicles after the agreement’s termination – Validity of jurisdiction clause

The Peace Magistrate accepted supplier’s petition to receive its vehicles from the former distributor, while acknowledging the supplier as temporal possessor of the vehicles. Specifically, due to the termination by the supplier of the distributorship agreement, the loan agreement for the use of the vehicles were also terminated. The Peace Magistrate also ruled that there is imminent danger of reduction of the commercial value of the vehicles due to their non-use for a long period of time.
The distributor argued that the jurisdiction clause, by virtue of which the Peace Magistrate of Athens was agreed as the competent court, was not valid. The Court rejected the argument based on the written jurisdiction clause included in the written distributorship agreement and ruled that the Peace Magistrate of Athens was also the competent court for interim measures.
Nikos Grigoriadis argued for the supplier.