The Weekly Law Reports
[2024] 1 WLR 1571
Court of Justice of the European Union
*NM v Club La Costa (UK) plc and others
(Case C‐821/21)
EU:C:2023:672
2023 Sept 14
President of Chamber ML Arastey Sahún,
Judges F Biltgen, J Passer
Advocate General M Szpunar
Judges F Biltgen, J Passer
Advocate General M Szpunar
Conflict of laws— Jurisdiction under European Union Regulation— Contract— Consumer concluding timeshare contract with company via company’s Spanish branch— General terms and conditions of contract containing exclusive jurisdiction clause in favour of English courts and English choice of law clause— Consumer bringing proceedings in Spain against company and other parties within same group— Whether Spanish court having jurisdiction— Whether other companies constituting “other parties to a contract” if not parties to contract— Whether determination of place of domicile of other party limiting consumer’s choice of jurisdiction— Whether choice-of-law clause valid— Determination of applicable law in absence of valid choice of law—
Parliament and Council Regulation (EC) No 593/2008, arts 3, 4, 6
—
Parliament and Council Regulation (EU) No 1215/2012, arts 18(1), 63