Brussels I Regulation (2000)

The German Federal Court (BGH) ruled on the strict interpretation of the special consumer protection under Regulation № 44/2001

BGH, BESCHLUSS vom 13.10.2016, IX ZB 9/16

The appellant who is a German citizen, has purchased a wooden house from a Finnish company together with his wife. The spouses ordered the retractable house and the space was supposed to be used as a living space for the family. The appellant and the Finnish company had also signed an agency contract as the appellant wanted to act as a sales representative for the Finish company in Germany.

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The French Court of Cassation recalled the rules on prorogation of jurisdiction

Cour de cassation, civile, Chambre civile 1, 24 février 2016, 15-10639

The present case concerned the rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
In March 2006, Mr. X. concluded a franchise agreement with the company Hypromat France to operate a quick self-service car wash facility in Spain.

Subsequently, Mr.X. brought an action before the District court (Tribunal de grande instance) against its contractual partner seeking the voidness of the contract and the payment of damages.
On that occasion, the company Hypromat France raised the lack of jurisdiction in favour of the courts of Barcelona (Spain), under the jurisdiction clause included in the contract.

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