sec_6__para__8

The Court has further held that the Union rules on jurisdiction mean that an action for an injunction brought by a consumer protection association for the purpose of preventing a trader from using terms considered to be unfair in contracts with private individuals is a matter relating to tort, delict or quasi-delict within the meaning of the Brussels Convention (524). That interpretation is valid also for the Brussels I Regulation (525). This implies that the jurisdiction can be attributed to a court where the harmful event took place, which is to be understood broadly with regard to consumer protection, covering not only situations where an individual has personally sustained damage but also, in particular, the undermining of legal stability by the use of unfair terms (526). The law applicable to such an action must be determined in accordance with Article 6(1) of the Rome II Regulation (527), whereas the law applicable to the assessment of a particular contractual term must always be determined pursuant to the Rome I Regulation (528), whether that assessment is made in an individual action or in a collective action (529).

← sec_6__para__7 · All articles · ntr1-C_2019323DE.01000401-E0001 →

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.