Table of Articles

Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

Title II - Jurisdiction
S e c t i o n 4: Jurisdiction over consumer contracts

Art. 13

Concept of 'consumer' - Plaintiff acting in pursuance of his trade or professional activity, as the assignee of the rights of a private individual - Excluded - N° 1993/1
Jurisdiction over consumer contracts - Conditions - Other party to the contract domiciled in a third State - Conclusion and performance of the contract without a branch, agency or other establishment acting as an intermediary in a contracting State - Applicability of article 14 of the Convention - N° 1993/9
Jurisdiction over consumer contracts - Contracts for the supply of services - Concept - Contract on a commission basis for the purpose of carrying out commodity futures transactions - N° 1993/9
Jurisdiction over consumer contracts - Contracts for the supply of services - Publicity preceding the conclusion of the contract - Connection required between the advertisement and the conclusion of the contract - N° 1993/9
Jurisdiction over consumer contracts - Claim for damages based on breach of precontractual obligations - Claim based on unjust enrichment - Inclusion in the concept of 'consumer contract' or ancillary jurisdiction by virtue of the connection - N° 1993/9
Jurisdiction over consumers contracts - Concept of consumer - Plaintiff acting in pursuance of his trade or professional activity, as the assignee of the rights of a private individual - Excluded - N° 1993/34
Contract with a party not domiciled or having a branch, agency or other establishment in a Contracting State, out of whose operation the dispute arises - Jurisdiction under the Convention of the courts of the State in which the consumer is domiciled - Excluded - N° 1995/1
Concept of 'consumer' - Franchising agreement concluded not in the course of a professional activity, but with a view to pursuing such an activity in the future - N° 1996/5
Sales contract on instalment credit terms and loan repayable by instalments - Sale of goods on instalment credit terms - Concept - Franchising agreement - N° 1996/5
Concept of sale of goods on instalment credit terms - Contract described as a "contract of sale" for the construction and delivery of a certain type of yacht with modifications, the price of 250,000 DM having to be paid in five instalments - Inclusion - In the alternative whether such a contract constitutes a contract for the supply of goods within the meaning of point 3 of Article 13, first paragraph - N° 1997/7
Concept of 'consumer' - Plaintiff who has concluded a contract with a view to pursuing a trade or profession in the future - Excluded - N° 1998/1
Concept of "sale of goods on instalment credit terms" - Contract relating to the manufacture in exchange for a price payed in several instalments before possession of the goods is transferred definitively to the purchaser - Exclusion - Contract for the supply of services or of goods  - N° 1999/4
Scope - Contract concluded following an advertisement accompanied by a promise of gain - Right for the addressee to claim the price seemingly obtained - Inclusion, or failing this, classification as a contractual right within the meaning of Article 5, point 1, or tortious within the meaning of Article 5, point 3 - Request for interpretation - N° 2000/10
Sale on instalment credit terms and loan repayable by instalments - Loan on immovable property - Exclusion - Any other contract for the supply of services - Concept - Loans on immovable property granted by a German bank to individuals domiciled in France - Acceptance of the offer and the creation of a mortgage at the borrowers’ domicile - Inclusion within the concept - Jurisdiction of the French courts - N° 2000/23
Contract for the supply of services - Commission contract relating to buying and selling of stocks and shares at a date future and certain - Inclusion - N° 2001/27
Definition - Loan 46% of which is intended to reimburse a loan taken out to purchase immovable property - Account taken of its use, as regards a preponderant proportion, for a purpose outside the person’s trade or profession - Not permissible - Excluded from the definition - N° 2001/33
Definition of "consumer" - Defendants acting outside their trade or profession as investors who have concluded contracts relating to exchange operations - Inclusion - Amount of investments - Immaterial - N° 2001/38
Contract for the supply of services or goods - Action by consumer domiciled in a Member State for an order requiring a mail order company established in another Member State to award him a prize apparently won in connection with an order for goods - Action of a contractual nature within the meaning of Article 13, first para., (3) of the Convention - N° 2002/6
Definition of "consumer" for the purposes of Article 13 of the Convention - Interpretation in the case of a person acting partly within the scope of his professional activity and partly outside it - Request for interpretation - N° 2002/9
Definition of "conclusion of a contract preceded by advertising in the State of the consumer’s domicile"for the purposes of Article 13(3)(a) of the Convention - Advertising consisting of a brochure distributed in the Member State of the consumer’s domicile by a seller domiciled in another Member State, but not mentioning the product subsequently purchased by the consumer - Included - Request for interpretation - N° 2002/9
Meaning of "contract concluded by a consumer" for the purposes of Article 13 of the Convention - Offer submitted and rejected by telephone by the purchaser domiciled in another Member State - Purchase subsequently made after submission of a written offer - Included - Request for interpretation - N° 2002/9
Meaning of "[taking] the steps necessary for the conclusion of the contract in the State of the consumer’s domicile" for the purposes of Article 13(3)(b) of the Convention - Acceptance of an offer during a telephone call made by the consumer from his home to the seller domiciled in another Member State - Included - Request for interpretation - N° 2002/9
Contract for the supply of goods or contract for the supply of services following a specific invitation or advertising (Article 13(3) of the Convention) - Right of the addressee of misleading advertising to claim the prize ostensibly won without its payment being linked to an order by the addressee or to the supply of goods by the company concerned - Characterisation as a contractual claim within the meaning of Article 13(3) - If not: characterisation as a contractual claim within the meaning of Article 5(1) or a claim in tort within the meaning of Article 5(3) - Request for interpretation - N° 2002/11
Instalment sales - Defendant (seller) domiciled in Luxembourg with a place of business in the claimant’s (consumer’s) State of domicile - Effects where offer made by the seller and the consumer has performed the acts necessary for the conclusion of the contract - Obligation of the court seised to determine such effects in order to rule on jurisdiction - N° 2002/39
Scope - Request for deposit by seller - Excluded - N° 2003/18
Consumer contracts - Contract for the supply of goods or services - Meaning - Time-share contract for holiday accommodation - Excluded- N° 2003/25
Contract for the supply of goods or services following a specific invitation addressed to the consumer or advertising (Article 13(1)(3) of the Convention) - Meaning - Misleading advertising giving the consumer the impression that he has won a prize - Consumer’s right to claim the prize supposedly won - Classification as contractual right within the meaning of Article 13(1)(3) - Simultaneous classification as a matter relating to tort, delict or quasi-delict within the meaning of Article 5(3) of the Convention - Place where the harmful event occurred - Meaning - Consumer’s domicile  - N° 2003/27
Interpretation of "the consumer took [in the State of his domicile] the steps necessary for the conclusion of the contract" within the meaning of Article 13 (1)(3)(b) of the Convention - Acceptance in Denmark by the representative of the seller, domiciled in Germany, of an offer made by the consumer at his domicile in Denmark - Signature of the contract in Germany - Included - Jurisdiction of the Danish courts - N° 2003/29
Meaning of "contract concluded by a consumer" – Contract concerning goods intended partly for business and partly for private purposes – Excluded except where business use is limited – Determination by the national court – Criteria - N° 2005/3
Article 13, first paragraph, point 3, of the Convention – Conditions for applicability – Action by a consumer domiciled in a Contracting State seeking an order that a mail order company established in another Contracting State award a prize ostensibly won – In the absence of a connection with a contract for the supply of goods or services the action does not constitute an action of a contractual nature for the purpose of that provision - N° 2005/4
Consumer contracts – Meaning – Promise by a mail order company – No connection with a contract for the supply of goods or services – Excluded - N° 2005/18
Contracts concerning the acquisition of timeshare rights – Conclusion of a contract preceded in the State of the consumer's domicile by a specific invitation or by advertising – None – Completion in that State of the acts necessary for the conclusion of the contract – None – Article 13(3) of the Convention not applicablea - N° 2005/31
Definition of a "consumer contract" - Contract concerning a product used partly for professional and partly for private purposes - Not covered except where business use marginal - Purchase of tiles by a farmer for roofing a farm building used partly for private and partly for business purposes - Not covered - N° 2006/12
Consumer contracts - Concept - Contract for the supply of goods or contract for the supply of services - Promise of winning a prize by a mail order company - No link to a contract for the supply of goods or services - Excluded - N° 2006/17
Consumer contracts - Contract for the supply of goods or contract for the supply of services - Concept - Promise of winning a prize by a mail order company - No link to a contract for the supply of goods or services - Excluded - N° 2006/24
Consumer contracts - Concept of "[taking in the State of the consumer's domicile] the steps necessary for the conclusion of the contract" for the purposes of Article 13(3)(b) of the Convention - Contract for the sale of kitchen furniture - Measurements taken at the domicile of the consumer for the purpose of drawing up plans and estimates - Included - Jurisdiction of courts of the domicile of the consumer (France) - N° 2006/30
Definition of "Consumer contracts" - Contract concerning a house used partly for private and partly for business purposes - Contract to supply a house for the purpose of lodging the family of the defendant concluded at the same time as a commercial agency agreement between the same parties concerning houses being offered by the applicant - Defendant intending to use his house as a display house for the purposes of his future commercial agency activities - Non-marginal nature of the professional use of the house - Not a consumer contract - Commercial agency never in fact put into effect - Irrelevant - N° 2006/44
Consumer contracts - Meaning - Contract for a loan for the refinancing of financial commitments made in relation to a professional activity - Excluded - Clause conferring jurisdiction on the German courts in the same contract - French courts lacking jurisdictions - N° 2009/46

Art. 14

Concept of 'consumer' - Plaintiff acting in pursuance of his trade or professional activity, as the assignee of the rights of a private individual - Excluded - N° 1993/1
Jurisdiction over consumer contracts - Conditions - Other party to the contract domiciled in a third State - Conclusion and performance of the contract without a branch, agency or other establishment acting as an intermediary in a contracting State - Applicability of article 14 of the Convention - N° 1993/9
Jurisdiction over consumer contracts - Contracts for the supply of services - Concept - Contract on a commission basis for the purpose of carrying out commodity futures transactions - N° 1993/9
Jurisdiction over consumer contracts - Contracts for the supply of services - Publicity preceding the conclusion of the contract - Connection required between the advertisement and the conclusion of the contract - N° 1993/9
Jurisdiction over consumer contracts - Claim for damages based on breach of precontractual obligations - Claim based on unjust enrichment - Inclusion in the concept of 'consumer contract' or ancillary jurisdiction by virtue of the connection - N° 1993/9
Contract with a party not domiciled or having a branch, agency or other establishment in a Contracting State, out of whose operation the dispute arises - Jurisdiction under the Convention of the courts of the State in which the consumer is domiciled - Excluded - N° 1995/1
Concept of 'consumer' - Franchising agreement concluded not in the course of a professional activity, but with a view to pursuing such an activity in the future - N° 1996/5
Sales contract on instalment credit terms and loan repayable by instalments - Sale of goods on instalment credit terms - Concept - Franchising agreement - N° 1996/5


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