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Document 61991CJ0089

Tuomion tiivistelmä

Keywords
Summary

Keywords

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Convention on Jurisdiction and the Enforcement of Judgments ° Jurisdiction in proceedings concerning contracts concluded by consumers ° Concept of "consumer" ° Plaintiff acting in pursuance of his trade or professional activity, as the assignee of the rights of a private individual ° Excluded

(Convention of 27 September 1968, Art. 13, first para., and Art. 14, as amended by the 1978 Accession Convention)

Summary

The special system established by Article 13 et seq. of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is inspired by the concern to protect the consumer, as the party deemed to be economically weaker and less experienced in legal matters than the other party to the contract, so that the consumer must not be discouraged from suing by being compelled to bring his action before the courts in the Contracting State in which the other party to the contract is domiciled. Those provisions affect only a private final consumer, not engaged in trade or professional activities, who is bound by one of the contracts listed in Article 13 and who is a party to the action, in accordance with Article 14. It follows that Article 13 of the Convention is to be interpreted as meaning that a plaintiff who is acting in pursuance of his trade or professional activity, and who is not, therefore, himself a consumer party to one of the contracts listed in the first paragraph of that provision, may not enjoy the benefit of the rules of special jurisdiction laid down by the Convention concerning consumer contracts.

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