Brussels I bis

Article 18

Untitled

1. A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or, regardless of the domicile of the other party, in the courts for the place where the consumer is domiciled.

2. Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Member State in which the consumer is domiciled.

3. This Article shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

Holdings

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C-774/2229 Jul 2024

JX v FTI Touristik GmbH

Where a consumer seises a court in the Member State in whose judicial district that consumer is domiciled, in a dispute with a tour operator arising from a package travel contract, Article 18 determines both the international and the territorial jurisdiction of that court, even if both parties are domiciled in the same Member State and the travel destination is abroad.

C-183/2311 Apr 2024

Credit Agricole Bank Polska S.A. v AB

Where the defendant is a consumer and a national of a third State, the last known domicile of that defendant is in the Member State of the court seised, the court cannot identify the current domicile, and there is no firm evidence that the defendant is domiciled in another Member State or outside the European Union, jurisdiction is determined not by the law of that Member State but by Article 18(2). Article 18(2) gives jurisdiction to the court in whose judicial district the defendant's last known domicile is situated.

C-821/2114 Sept 2023

NM v Club La Costa (UK) plc and Others

In Article 18(1), "other party to a contract" means only the natural or legal person that is party to the contract in question, not other persons who are not parties to that contract, even if they are connected with that person.

C-821/2114 Sept 2023

NM v Club La Costa (UK) plc and Others

Determining the domicile of the "other party to a contract" under Article 63(1) and (2), for the purposes of Article 18(1), does not limit the consumer's choice under Article 18(1). The clarifications in Article 63(2) concerning "statutory seat" are autonomous definitions.

C-267/197 May 2020

PARKING d.o.o. and Interplastics s.r.o. v SAWAL d.o.o. and Letifico d.o.o.

Article 18 TFEU and Article 47 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding national legislation which gives notaries, acting within the framework of the powers conferred on them in enforcement proceedings based on an authentic document, the power to issue writs of execution which, as is clear from the judgment of 9 March 2017, Pula Parking ([C-551/15](http://publications.europa.eu/resource/ecli/ECLI%3AEU%3AC%3A2017%3A193), [EU:C:2017:193](http://publications.europa.eu/resource/ecli/ECLI%3AEU%3AC%3A2017%3A193)), cannot be recognised and enforced in another Member State.