Case C‑218/12

Lokman Emrek

v

Vlado Sabranovic

(Request for a preliminary ruling from the Landgericht Saarbrücken)

‛Regulation (EC) No 44/2001 — Article 15(1)(c) — Jurisdiction over consumer contracts — Whether jurisdiction is limited to distance contracts — Causal link between the commercial or professional activity directed to the Member State of the consumer’s domicile via an Internet site and the conclusion of the contract’

Summary — Judgment of the Court (Third Chamber), 17 October 2013

1. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Jurisdiction over consumer contracts — Scope of Article 15(1)(c) of the regulation — Not limited solely to contracts concluded at a distance

   (Council Regulation No 44/2001, Art. 15(1)(c))

2. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Jurisdiction over consumer contracts — Concept of activities directed to the Member State of the consumer’s domicile within the meaning of Article 15(1)(c) of the regulation — Criteria for assessment — Verification by the national court

   (Council Regulation No 44/2001, Art. 15(1)(c))

3. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Jurisdiction over consumer contracts — Scope of Article 15(1)(c) of the regulation — Requirement of a causal link between the means employed to direct the commercial or professional activity to the Member State of the consumer’s domicile and the conclusion of a contract — None

   (Council Regulation No 44/2001, Art. 15(1)(c))

1.  See the text of the decision.

   (see para. 19)

2.  See the text of the decision.

   (see paras 27, 29-31, operative part)

3.  Article 15(1)(c) of Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that that it does not require the existence of a causal link between the means employed to direct the commercial or professional activity to the Member State of the consumer’s domicile, namely an internet site, and the conclusion of the contract with that consumer. However, the existence of such a causal link constitutes evidence of the connection between the contract and such activity.

   (see para. 32, operative part)

Case C‑218/12

Lokman Emrek

v

Vlado Sabranovic

(Request for a preliminary ruling from the Landgericht Saarbrücken)

‛Regulation (EC) No 44/2001 — Article 15(1)(c) — Jurisdiction over consumer contracts — Whether jurisdiction is limited to distance contracts — Causal link between the commercial or professional activity directed to the Member State of the consumer’s domicile via an Internet site and the conclusion of the contract’

Summary — Judgment of the Court (Third Chamber), 17 October 2013

1. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Jurisdiction over consumer contracts — Scope of Article 15(1)(c) of the regulation — Not limited solely to contracts concluded at a distance

   (Council Regulation No 44/2001, Art. 15(1)(c))

2. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Jurisdiction over consumer contracts — Concept of activities directed to the Member State of the consumer’s domicile within the meaning of Article 15(1)(c) of the regulation — Criteria for assessment — Verification by the national court

   (Council Regulation No 44/2001, Art. 15(1)(c))

3. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Jurisdiction over consumer contracts — Scope of Article 15(1)(c) of the regulation — Requirement of a causal link between the means employed to direct the commercial or professional activity to the Member State of the consumer’s domicile and the conclusion of a contract — None

   (Council Regulation No 44/2001, Art. 15(1)(c))

1.  See the text of the decision.

   (see para. 19)

2.  See the text of the decision.

   (see paras 27, 29-31, operative part)

3.  Article 15(1)(c) of Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that that it does not require the existence of a causal link between the means employed to direct the commercial or professional activity to the Member State of the consumer’s domicile, namely an internet site, and the conclusion of the contract with that consumer. However, the existence of such a causal link constitutes evidence of the connection between the contract and such activity.

   (see para. 32, operative part)