The case concerns the validity of a jurisdiction clause included in the general terms and conditions contained on a website in case the general terms and conditions are referenced via a hyperlink in a written B2B contract. The CJEU held that such a jurisdiction clause is valid, provided that the formal requirements of Article 23 Lugano Convention 2007, that ensure the counterparty’s consent to the clause, are met.
Abdel Attaïbi and Michel Bosman discuss and comment on the CJEU judgment, also in the broader context of earlier CJEU judgments on jurisdiction clauses contained in general terms and conditions. The commentary is available via the website of NIPR Online.
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