Brussels I bis

Article 19

Untitled

The provisions of this Section may be departed from only by an agreement:

(1) which is entered into after the dispute has arisen;

(2) which allows the consumer to bring proceedings in courts other than those indicated in this Section; or

(3) which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which confers jurisdiction on the courts of that Member State, provided that such an agreement is not contrary to the law of that Member State.

Holdings

C-537/2327 Feb 2025

Società Italiana Lastre SpA (SIL) v Agora SARL

An asymmetric jurisdiction clause is valid even where one party may sue only in the single court designated by the clause, while the other may also sue in any other competent court. That is so only if: (1) the clause designates courts of one or more EU Member States or of states that are parties to the 2007 Lugano Convention; (2) it identifies objective factors precise enough for the court seised to determine whether it has jurisdiction; and (3) it is not contrary to Articles 15, 19 or 23 and does not derogate from exclusive jurisdiction under Article 24.