Les Ambassadeurs Club Ltd v Vona [2018] EWHC 3149 (QB) (19 November 2018)

Les Ambassadeurs Club Ltd v Vona [2018] EWHC 3149 (QB) (19 November 2018)

The Claimant, through its agent, directed commercial activities to Italy by incentivising and soliciting the Defendant to visit the Club, satisfying Article 17(1)(c). As the Defendant is a consumer, Article 18(2) applies, conferring exclusive jurisdiction on the courts of Italy. The jurisdiction agreement in the CCF does not override this protection as it was not entered after the dispute and does not meet Article 19 requirements.

Citation
[2018] EWHC 3149
Parties
Claimant/respondent: Les Ambassadeurs Club Limited; Defendant/applicant: Mr Ivan Vona
Jurisdiction
England and Wales
Judgment Date
19 November 2018
Procedural Posture
Application to Contest Jurisdiction / Ruling on Jurisdictional Challenge Prior to Defence
Outcome
Application granted; English court has no jurisdiction.
Legal Topics
Jurisdiction, Consumer Contracts, Brussels I Regulation (recast), Choice of Court Agreements
Civil Procedure Private International Law Contract Law Jurisdiction Consumer Contracts Brussels I Regulation (recast) Choice of Court Agreements

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Parties

Les Ambassadeurs Club Limited

Claimant/respondent

Mr Ivan Vona

Defendant/applicant

Procedural Posture

Application to Contest Jurisdiction / Ruling on Jurisdictional Challenge Prior to Defence

Legal Issues

  1. 1 Whether the English court has jurisdiction to hear a debt claim against an Italian consumer under the Brussels I Regulation (recast)
  2. 2 Whether the Claimant directed commercial activities to Italy within Article 17(1)(c) of the Regulation
  3. 3 Whether Article 18(2) confers exclusive jurisdiction on the courts of the consumer's domicile

Ratio Decidendi

The Claimant, through its agent, directed commercial activities to Italy by incentivising and soliciting the Defendant to visit the Club, satisfying Article 17(1)(c). As the Defendant is a consumer, Article 18(2) applies, conferring exclusive jurisdiction on the courts of Italy. The jurisdiction agreement in the CCF does not override this protection as it was not entered after the dispute and does not meet Article 19 requirements.

Court Disposition

Application granted; English court has no jurisdiction.

Orders

  • Declaration that the English court has no jurisdiction over the claim.
  • Claimant must pursue its claim in the courts of Italy.