Commentary on judgment of the European Court of Justice in Tilman versus Unilever

News

29-03-2023

1 minute read

The leading Dutch legal journal 'Nederlands Internationaal Privaatrecht' (‘Dutch International Private Law’) published a contribution by Abdel Attaïbi and Michel Bosman, commenting on a judgment of the Court of Justice of the European Union (CJEU) in the case of Tilman against Unilever.

Key insights

‘Hyperlink jurisdiction-clauses’ in a contract, in principle, meet the requirements of Article 23 Lugano II.

Clicking a box to accept general terms and conditions, nor an explicit reference in the contract to the jurisdiction clause, appear to be required.

When using a ‘hyperlink jurisdiction clause’, the party invoking its (non-)applicability will have to show that the hyperlink works (or not).

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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