Librairie Hachette SA and Others v. Société Coopérative d’Achat et de Distribution and Others

Abstract

International law in general — Relation to municipal law — Conflict between international convention and subsequently enacted municipal law — Primacy of international convention — The law of Switzerland

Treaties — Conclusion and operation of — Effect of municipal legislation — Conflict between international convention and subsequently enacted municipal law — Primacy of international convention — The law of Switzerland

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Cartel legislation — Action for termination of concerted practices operated by foreign companies domiciled abroad — Plea of lack of jurisdiction — Effects doctrine as basis for application of municipal legislation — France — Switzerland Convention on Judicial Competence and the Execution of Judgments, 1869 — Forum rule requiring trial by natural judges of defendant — Primacy of treaty rule over subsequently enacted municipal law — The law of Switzerland