Brussels I—consumer disputes [Archived]
Brussels I—consumer disputes [Archived]

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Brussels I—consumer disputes [Archived]
  • The definition of a consumer
  • Classes of protected consumer contracts (art 15)
  • Jurisdiction when a consumer is the claimant or the defendant (art 16)
  • Courts approach to different types of consumers
  • Is there a limitation on the use of jurisdiction agreements in consumer contracts?
  • Does an assignee of a consumer benefit from the provisions in section 4?

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the provisions in Regulation 44/2001, Brussels I, also known as the Judgments Regulation, dealing with consumer disputes. The provisions seek to provide protection for consumers as the weaker parties in a contract. The Practice Note sets out the definition of a consumer and looks at the different classes of consumer contracts. The different positions for determining jurisdiction depending on whether the consumer is the claimant or the defendant are explained identifies the different types of consumers as well as the different types of contracts they may enter into.

Note: since 10 January 2015, Regulation 44/2001, Brussels I has been repealed in its entirety and replaced by Regulation 1215/2012, Brussels I (recast). Transitional arrangements apply. For information on those arrangements and whether Regulation 44/2001, Brussels I still applies to the matter you are dealing with, see Practice Note: Brussels I (recast)—application and exclusions.

Recital [13] of Regulation 44/2001, Brussels I provides that in 'relation to … consumer contracts … the weaker party should be protected by rules of jurisdiction more favourable to his interests than the general rules provide