Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The ECJ on the concept of “null and void as to its substantive validity” of choice of court agreements under Regulation (EU) No 1215/2012
31 October 2025
The Court of Justice of the European Union, by judgment ECLI:EU:C:2025:843, dated 30 October 2025, in Case C‑398/24 [Pome] – in proceedings between A and B, two natural persons, concerning the jurisdiction of the Estonian courts to hear and determine a claim for payment of a debt – 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 condition, imposed by the national law of the Member State whose court has been designated by the parties to an agreement as having jurisdiction, according to which an agreement conferring jurisdiction entered into by natural persons is valid only if the dispute at issue is connected with the economic or professional activity of those parties, does not amount to a ground for the agreement being ‘null and void as to its substantive validity’, within the meaning of that provision.
The text is available here