Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The Court of Justice on jurisdiction in proceedings against consumers under Articles 6(1) and 18(2) of the Regulation Brussels I bis
12 April 2024
The Court of Justice of the European Union, by judgment ECLI:EU:C:2024:297, dated 11 April 2024, in Case C‑183/23 – in proceedings between Credit Agricole Bank Polska S.A., established in Poland, and AB, a consumer whose current address is unknown, concerning the payment of a sum of money claimed by the bank from AB under a consumer credit agreement – ruled that Article 6(1) of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, where the last known domicile of a defendant who is a national of a third State and a consumer is situated in the Member State of the court seised of the matter, and that court is unable to identify the current domicile of the defendant and has no firm evidence to support the conclusion that the defendant is in fact domiciled in another Member State or outside the European Union, jurisdiction to hear the matter is determined not by the law of the Member State of that court, but by Article 18(2) of that regulation, which confers jurisdiction to hear the matter on the court within whose judicial district the defendant’s last known domicile is situated.
The text is available here