Source:	All England Reporter
Publisher Citation:	[2002] All ER (D) 01 (Oct)
Court:	Court of Justice of the European Communities (Sixth Chamber)
Judge:	Judges Macken (President of the Chamber), Gulmann, Puissochet, Schintgen (Rapporteur) and Cunha Rodrigues
Judgment Dates:	1 October 2002

Catchwords

European Community - Jurisdiction - Civil and commercial matters - Brussels Convention - Consumer contracts - Consumer protection organisation seeking preventative injunction in Austrian court against use of unfair contracts by company in Germany in contracts with consumers in Austria - Whether action relating to a 'tort, delict or quasi-delict' - Whether Austrian court having jurisdiction - Council Regulation (EC) 44/2001 - Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, art 5 - Council Directive (EEC) 93/13, art 7(2).

The Case

A preventative action brought by a consumer protection organisation, intended to prevent a trader from using terms considered to be unfair in contracts with private individuals, was a matter relating to tort, delict or quasi-delict within the meaning of art5(3) of the Brussels Convention.

Practice Areas

• Company Commercial
• Dispute Resolution
• Personal Injury

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