Cases, Materials and News on European Civil Procedure

Category: Consumer law

CJEU Judgment – C-498/16 – Maximilian Schrems v Facebook Ireland Limited – 25 January 2018 – Regulation (EC) No 44/2001 — Articles 15 and 16 — Jurisdiction in respect of consumer contracts — Definition of ‘consumer’ — Assignment between consumers of claims against the same trader or professional)

On 25 January 2018, the Court of Justice of the European Union issued a judgment in the case C-498/16 between Maximilian Schrems and Facebook Ireland Limited, stating on the definition of “consumer” under Articles 15 and 16 of Brussels I. The referring court asks, in essence, (A) whether Article 15 of Regulation No 44/2001 must be interpreted […]

Opinion of advocate general Bobek – 14 November 2017 – Case C‑498/16: Maximilian Schrems v Facebook Ireland Limited – Jurisdiction in matters relating to consumer contracts – Concept of consumer – Assignment of claims by consumers domiciled in the same Member State, in other Member States and in non-member States

Mr Maximilian Schrems has started legal proceedings against Facebook Ireland Limited before a court in Austria, alleging that the company has infringed his privacy and data protection rights. Seven other Facebook users (domiciled in Austria, other EU Member States, and in non-member States) assigned their claims for allegations of the same infringements to him in […]

Order of the Supreme Court of the Republic of Croatia in the case Franak – 3 October 2017, Revt 575/16-5 – consumer credit agreements denominated in Swiss Francs (CHF)

By Dr. Emilia Mišćenić In its order of 3 October 2017, the Croatian Supreme Court revoked the ruling of the High Commercial Court of 13 July 2014 with respect to part of the court’s decision concerning CHF currency clauses in credit agreements and ordered a renewed trial in this respect. A background of this recent decision […]

Austrian Supreme Court – Decision 7 July 2017 – N. 6 Ob 18/17s – consumer contracts, Section 4, Artt. 17 and 7 (2) – Brussels I Regulation Recast

by Christian Koller & Laura Kilzer The Austrian Supreme Court has ruled that neither legal claims for damages against a German publicly listed company arising from the violation of capital market obligations nor a shareholder’s claims against the issuer when purchasing shares on the secondary market are subject to the special provisions on jurisdictions regarding consumer […]

Public consultation on the targeted revision of EU consumer law directives – Deadline 8 October 2017

Further to the recently concluded Fitness Check of consumer and marketing law and evaluation of the Consumer Rights Directive, the Commission is seeking stakeholders’ views on possible targeted legislative changes in some key EU consumer law directives. The evidence gathered during these assessments points to the following areas where legislative changes may be necessary to further fine-tune […]

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