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 guidance 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)
  • Classes of protected consumer contracts (art 17)
  • Consumers as claimants and defendants (art 18)
  • Jurisdiction agreements (art 19)
  • The protections offered under art 26 of Brussels I (recast)
  • 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.

This Practice Note considers the jurisdiction of the court when dealing with disputes arising out of 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 of Regulation (EU) 1215/2012, Brussels I (recast) are identical to the provisions in Article 15 of Regulation (EC) 44/2001, Brussels I and Article 17 of Regulation (EC) 44/2001,