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

If you are a LexisLibrary subscriber you can read more about this case here.