41That would have the consequence of multiplying the courts with jurisdiction to hear actions calling into question the same improper conduct by the member of the board of directors or the shareholder of the company concerned, according to the nature of that company’s debts which may be the subject of such actions. In such a situation, the aim of proximity in the rules of special jurisdiction laid down in Article 5(1) and (3) of Regulation No 44/2001, based on the existence of a particularly close connecting factor between the dispute and the courts of the place where the harmful event occurred (see, to that effect, inter alia, Case C-381/08 Car Trim [2010] ECR I-1255, paragraph 48 and the case-law cited, and Case C-228/11 Melzer [2013] ECR, paragraph 26 and the case-law cited), preclude the determination of the court having jurisdiction being dependent on the nature of the debts of the company concerned. Furthermore, it must be observed that, as regards a defendant who is held liable for the debts of another, such an interpretation of the rules of jurisdiction laid down in Article 5 of the regulation would not have the degree of predictability required by recital 11 in the preamble thereto.
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