Judgment of the Court (First Chamber) of 21 March 2024 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas – Lithuania) – ‘Gjensidige’ ADB

(Case C-90/22,  (1) Gjensidige)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Article 45 - Refusal to recognise a judgment - Article 71 - Relationship between that regulation and conventions governing particular matters - Convention on the Contract for the International Carriage of Goods by Road (CMR) - Article 31(3) - Lis pendens - Agreement conferring jurisdiction - Concept of ‘public policy’)

(C/2024/3130)

Language of the case: Lithuanian

Referring court

Lietuvos Aukščiausiasis Teismas

Parties to the main proceedings

Applicant: ‘Gjensidige’ ADB

Other parties: ‘Rhenus Logistics’ UAB, ‘ACC Distribution’ UAB

Operative part of the judgment

Article 45(1)(a) and (e)(ii) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters,

must be interpreted as meaning that it does not allow a Member State court to refuse to recognise the judgment of a court of a different Member State on the ground that the latter court declared itself to have jurisdiction to rule on an action brought pursuant to a contract of international carriage, in disregard of an agreement conferring jurisdiction, within the meaning of Article 25 of that regulation, that forms part of that contract.

(1)   OJ C 237, 20.6.2022.