Source: All England Reporter
Publisher Citation: [2002] All ER (D) 181 (Jul)
Court: Court of Justice of the European Community (Sixth Chamber)
Judge:

Judges Macken (President), Gulmann, Schintgen, Skouris and Cunha Rodrigues

Judgment Dates: 11 July 2002

Catchwords

Conflict of laws - Jurisdiction - Court - European Community - Applicant Austrian citizen receiving solicitation by mail from German company - German company ostensibly offering prize if applicant purchasing goods - Applicant purchasing goods but not receiving prize - Applicant bringing proceedings against German company - Whether proceedings contractual for purposes of jurisdiction convention - Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, art 13(3).

The Case

A claim by a consumer who had received letters from the defendant ostensibly offering him a prize if he ordered ATS200 worth of their goods, and who had then ordered the goods but not received the prize, was a contractual action within the definition of art13 of the Brussels Convention.

Practice Areas

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