Judgment of the Court (Sixth Chamber) of 30 September 2021 (request for a preliminary ruling from the Bundesgerichtshof – Germany) – Commerzbank AG v E.O.

(Case C-296/20) ¹

(Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments – Civil and commercial matters – Lugano II Convention – Article 15(1)(c) – Jurisdiction over consumer contracts – Transfer of the consumer’s domicile to another State bound by the convention)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Commerzbank AG

Defendant: E.O.

Operative part of the judgment

Article 15(1)(c) of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007, the conclusion of which was approved on behalf of the European Community by Council Decision 2009/430/EC of 27 November 2008, must be interpreted as meaning that that provision determines jurisdiction where the parties to a consumer contract – the consumer and the professional counterparty – were, at the time that contract was concluded, domiciled in the same State bound by that convention, and where an international element in the legal relationship emerged only after that contract was concluded, on account of the subsequent transfer of the consumer’s domicile to another State bound by that convention.

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¹ OJ C 348, 19.10.2020.