2.3 The inapplicability of the forum non conveniens doctrine
Finally, it should be mentioned that it seems to have become generally accepted that, since the CJEU (ECJ) decision in Andrew Owususu v. NB Jackson and Others(1) C-281/02, it is not possible to dismiss a claim on the basis of the “forum non conveniens” doctrine.(2) See Rott and Ulfbeck, Supply Chain Liability of Multinational Corporations, ERPL 3-2015 (414-436), at p. 417 with further references. This means that claims against the parent company cannot be dismissed on the basis that it is not convenient to hear the case in an EU member state court, or rather more convenient to hear it in a court in the developing world where the damage has occurred. Thus, if a case is to be dismissed it must be on other grounds than forum non conveniens.(3) Nevertheless, the doctrine is still mentioned and there is attempted reliance on it by claimants in current cases, including some of the cases that will be dealt with below.