Q&As

Which box do I need to tick in Form N510 when serving out of the jurisdiction on a Polish defendant who is a manufacturer of furniture?

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Produced in partnership with Howard Smith of Radcliffe Chambers
Published on LexisPSL on 20/12/2017

The following Dispute Resolution Q&A produced in partnership with Howard Smith of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Which box do I need to tick in Form N510 when serving out of the jurisdiction on a Polish defendant who is a manufacturer of furniture?
  • Is there a consumer contract?
  • Where there is no consumer contract

Which box do I need to tick in Form N510 when serving out of the jurisdiction on a Polish defendant who is a manufacturer of furniture?

As this Q&A has not stated whether the contract between the parties is in fact a consumer contract under section 4 (Articles 17–19) of the Regulation (EU) 1215/2012, Brussels I (recast) we have addressed both the situation where there is no consumer contract and the situation where there is a consumer contract.

The basic rule is that persons domiciled in a Member State of the EU should be sued in the courts of that Member State.

Is there a consumer contract?

Article 18 of Regulation (EU) 1215/2012, Brussels I (recast) states in relation to consumer contracts:

‘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.’

Whether you are dealing with a consumer contract will depend on the circumstances of the specific case you are dealing with. For

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