NM v Club La Costa (UK) plc

Subject Matter

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

(Case C-821/21); EU:C:2023:672; [2024] 1 WLR 1571; [2023] WLR(D) 392, ECJ