2. Contract de antrepriză cu element de extraneitate. Competența materială
2. Contractor agreement with a foreign element. Subject-matter jurisdiction

Summary/Abstract: Pursuant to art. 23 of Council Regulation (EC) 44/2001 „If the parties, one or more of whom is domiciled in a Member State, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction. Such jurisdiction shall be exclusive unless the parties have agreed otherwise”. Thus, when the contractor agreement signed by the parties provides that the disputes between them shall be submitted for settlement to the courts that have subject-matter jurisdiction in the country where the general contractor is seated, which is Austria, the argument that one party had renounced to the choice of court clause in the contract, by submitting a claim before the Romanian courts, cannot be supported, because the simple fact of starting legal action before these courts does not have the value of a choice of court agreement between the parties in favor of the Romanian courts, in the meaning of art. 23 of Council Regulation (EC) 44/2001.

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