Brussels I (recast)—dealing with consumer claims
Produced in partnership with Peter Morcos of 4 New Square
Brussels I (recast)—dealing with consumer claims

The following Dispute Resolution practice note Produced in partnership with Peter Morcos of 4 New Square provides comprehensive and up to date legal information covering:

  • Brussels I (recast)—dealing with consumer claims
  • Relevant provisions in Brussels I (recast)
  • The definition of a consumer (art 17)
  • Persons that have been held to be consumers
  • Persons that have been held not to be consumers
  • Classes of protected consumer contracts (art 17(1))
  • What date is used to determine the consumer’s domicile?
  • What is required for the trader to have ‘directed’ their activities?
  • Consumers and contracts for transport (Article 17(3))
  • Consumers as claimants and defendants (art 18)
  • More...

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.

This Practice Note considers the jurisdiction of the court over consumer contracts as set out in Section 4 of Regulation (EU) 1215/2012, Brussels I (recast). This provides added protection for consumers as they are regarded as a weaker party in the dispute. The general rule when dealing with a consumer is that the consumer can bring proceedings in the EU Member State in which they are domiciled even if the defendant is domiciled elsewhere. It is important to be aware of the definition of a consumer and the difficulties which may arise when determining the application of the provisions.

The provisions in Article 18(1) of Regulation (EU) 1215/2012, Brussels I (recast) were not previously available in Regulation (EC) 44/2001, Brussels I.

Relevant provisions in Brussels I (recast)

This Practice Note considers the provisions in relation to consumer actions (Articles 17–19 of Regulation (EU) 1215/2012, Brussels I (recast)).

Article 17 of Regulation (EU) 1215/2012, Brussels I (recast) and Article 19

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