ECJ on Cross-Border B2C Contracts: Consumers Can Sue At Home Under Contacts Concluded Abroad

The European Court of Justice has clarified an important issue under the Brussels I Regulation (Council Regulation (EC) No 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters). In a judgment dated September 6, 2012 (C-190/11 – Mühlleitner), the court held that a consumer can sue a business counter party in the consumer’s home courts, even if the consumer travelled into the jurisdiction of the business counter party to conclude the transaction. In the words of the Court, “Article 15(1)(c) of the Brussels I Regulation must be interpreted as not requiring the contract between the consumer and the trader to be concluded at a distance.”

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