Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 16 DECEMBER 2013

ECJ: Causal Link Between Professional Website And Consumer Contract Not Required

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
Contributor
De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek

Our clients are increasingly operating in South-East Asia and require legal assistance in the...

View firm profile
Explore more from De Brauw Blackstone Westbroek

ECJ rules that consumers may sue the other party to a contract before their home courts under the Brussels I Regulation, even if no causal link exists between the means used to direct the commercial or professional activity to the consumers’ member state, and the conclusion of the contract.

European UnionConsumer Protection
Edward Van Geuns
Edward Van Geuns
Author LinkedIn connections

ECJ rules that consumers may sue the other party to a contract before their home courts under the Brussels I Regulation, even if no causal link exists between the means used to direct the commercial or professional activity to the consumers' member state, and the conclusion of the contract.

This information is available in English only.

On 17 October 2013, the Court of Justice of the European Union ("ECJ") handed down its decision in case C-218/12 Lokman Emrek / Vlado Sabranovic. The decision broadens the scope of consumer protection under Art. 15 (1)(c) in connection with Art. 16 (1) Regulation 44/2001 (Brussels I Regulation).

Background

This case involved a car salesman who had a garage in France close to the German border. His website advertised a German cell phone number. Pursuant to Art. 15 (1)(c) Brussels I Regulation, jurisdiction in consumer contracts is governed by the special protective rules of Art. 16 and 17 Brussels I Regulation, whenever the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The Netherlands Authority For Consumers And Markets – Anwb Energie Commits To Compensating Customers Affected By Billing Delays

The Netherlands Authority for Consumers and Markets has intervened in ANWB Energie's billing crisis, requiring the energy supplier to compensate approximately 700 customers who have experienced prolonged delays exceeding six weeks. The regulatory action addresses systemic issues stemming from incompatible metering hardware and mandates direct customer contact, automatic compensation payments, and potential contract modifications for affected households.
NetherlandsConsumer Protection
NAZALI Attorney Partnership
NAZALI Attorney Partnership
Article

Trading Disruption Risk Expected For EU Companies Listed Or Traded Outside The EU

A critical deadline looms for European issuers with securities traded outside the EU, as a key grandfathering clause under the CSD Regulation expires on 17 January 2027. Without timely regulatory action, third-country central securities depositories like DTC may be forced to suspend services to affected EU issuers, potentially disrupting trading in their equity and debt instruments on international markets.
European UnionInternational Law
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
Article

EU Companies Listed Or Traded Outside EU To Be Aware Of Upcoming Expiry Of Key Trade-facilitating Clause

A critical deadline looms for European issuers with securities traded outside the EU, as a key grandfathering clause under the CSD Regulation expires on 17 January 2027. Without timely regulatory action, third-country central securities depositories like DTC may be forced to suspend services to affected EU issuers, potentially disrupting trading in their equity and debt instruments on international markets.
European UnionFinance and Banking
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
Article

Dutch Competition Regulator's Call-in Power Passes "First Phase" As Lower House Adopts Bill

The Netherlands is poised to grant its competition authority unprecedented power to scrutinize mergers that fall below traditional notification thresholds, targeting potentially harmful transactions such as roll-up strategies and killer acquisitions. While the Dutch House of Representatives has approved the bill despite criticism from the Council of State, the legislation introduces an asymmetric threshold system and raises standard notification requirements, fundamentally reshaping the country's merger con
NetherlandsAntitrust/Competition Law
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek