CURIA

Brussels and Lugano Conventions
Regulation 44/2001

- Classification Scheme -



EConvention on Jurisdiction and Enforcement of Judgments
E-13Jurisdiction over consumer contracts
E-13.00General

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

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

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

Purchase of a yachting boat - Conditions of application of Article 13 fulfilled - Jurisdiction of the courts for the State where the consumer is domiciled - Determination of the court that has territorial jurisdiction according to the law of that State - N° 1999/9

Consumer contracts - 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

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

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

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

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

Contract for the supply of services or goods as a result of a proposition specially made or of an advertisement – Definition of contract – Misleading advertising promising a price followed by the acceptance of the offer by the addressee – Included, otherwise the creation of a pre-contractual situation also enabling the application of Article 15 of the Council Regulation No 44/2001– Requirement to fulfil the conditions for participation in the competition set by the advertisement, even where national law does not provide that those conditions must be fulfilled – Alternatively: misleading advertising promising a prize followed by the acceptance of the offer by the addressee constituting a sui generis right also enabling the application of Article 15 – Request for interpretations - N° 2005/9

Article 15(1)(c) of Regulation No 44/2001 - Conditions governing applicability - Action by a consumer domiciled in a Member State for payment by a mail order company established in another Member State of a prize ostensibly won - Prize not conditional on placing an order for goods or placing of a trial order and no goods ordered - Whether covered - If the answer is in the negative: prize not conditional on an order, but order actually placed by the consumer - Effect - Request for interpretation - N° 2006/11

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

Contract for the supply of services – Meaning – Autonomous interpretation – Credit agreement also covering a supply of services that is not merely peripheral – Included - N° 2008/21

Article 15(1)(c) of Regulation No 44/2001 - Other party to the contract directing its commercial or professional activities to the Member State of the consumer’s domicile - Meaning - Possibility of consulting the website of the other party to the contract - Whether included - Request for interpretation - N° 2009/15




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