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Can a judicial error create Hungarian jurisdiction if the place of performance is abroad?

This article analyses a recent Supreme Court decision(1) and seeks to answer the following questions:
Can a defendant which is domiciled abroad be sued in Hungary under the EU Brussels Recast Regulation (1215/2012/EU) in the event of defective performance of an international sales contract if the place of performance is abroad?
Can the jurisdiction of a Hungarian court be established based on the fact that a lower court expressly established its jurisdiction at the beginning of the litigation?
How is the Ex Works (EXW) clause to be interpreted within the meaning of the EU Brussels I Regulation?
Facts
A contract of sale was concluded between the applicant, as the buyer, and the defendant, as the seller, for the purchase of potatoes. The applicant, established in Hungary, delivered the goods to Hungary from the defendant s premises in Slovakia by contracting a carrier and then returned the goods with reference to a quality defect. ....

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EU, UK, NL, IT, PL Competition & Trade News

Monday, December 14, 2020
A. T-Mobile Netherlands May Acquire Simpel.
On Nov. 17, 2020, the Netherlands Authority for Consumers and Markets (ACM) cleared the acquisition of telecom operator Simpel by rival operator T-Mobile Netherlands (T-Mobile). Over its fixed and mobile networks, T-Mobile offers consumers various services, such as telephony, broadband access, and television. Simpel sells mobile-telecom services, such as sim-only plans for mobile phones. For its mobile-telecom services, Simpel uses T-Mobile’s network, as do several other operators.
ACM’s investigation has shown that this acquisition does not create any anticompetitive concerns, as it will not have a significant impact on the competitive landscape in the market for mobile-telecom services. The investigation has also shown that, after the acquisition, T-Mobile will continue to face sufficient competition from telecom operators KPN, VodafoneZiggo, and various telecom operators without net ....

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