Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The ECJ on choice of court agreements under Article 25(1) of Regulation (EU) No 1215/2012 in case of assignment of a claim arising from the contract
23 October 2025
The Court of Justice of the European Union, by judgment ECLI:EU:C:2025:827, dated 23 October 2025, in Case C‑682/23 – in proceedings between E.B. sp. z o.o. and K.P. sp. z o.o., two companies incorporated under Polish law, concerning the jurisdiction of the Romanian courts to hear an action brought by E.B. against K.P., the action having been brought before those courts on the basis of an agreement conferring jurisdiction that was concluded between K.P. and E. S.A., a company incorporated under Romanian law, which assigned to E.B. the claim forming the subject matter of that action – ruled that Article 25(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 a third party, as the assignee of a claim for damages arising from the non-performance of a contract containing a jurisdiction clause, may rely on that clause vis-à-vis the original contracting party, as the assigned debtor of that claim, under the same conditions as those under which the other original party to the contract could have relied on that clause against that debtor, for the purposes of an action for recovery of that claim and without the consent of that debtor, in a situation where, in accordance with the national law applicable to that contract, as interpreted by the national case-law, an assignment of a claim entails a transfer, to the assignee’s assets, not only of the right of claim, but also of the rights attached to that claim, including the right to rely on the application of an agreement conferring jurisdiction set out in that contract, unless the original parties to the contract have expressly agreed that that clause cannot be relied on against them in the event of assignment, to a third party, of a claim arising from that contract.
The text is available here