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 inviting the Defendant to the Club, satisfying Article 17(1)(c). As the Defendant is a consumer, Article 18(2) applies, requiring the Claimant to sue in Italy. The jurisdiction agreement in the CCF does not override this, as Article 19 restricts such agreements unless entered after the dispute arises, which was not the case here.

Citation
[2018] EWHC 3149 (QB)
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
Outcome
Application granted; English court has no jurisdiction.
Legal Topics
Jurisdiction Under Brussels Regulation, Consumer Contracts, Prorogation of Jurisdiction, Directed Activities, Gambling Debts
Civil Procedure Private International Law Consumer Law Jurisdiction Under Brussels Regulation Consumer Contracts Prorogation of Jurisdiction Directed Activities Gambling Debts

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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

Legal Issues

  1. 1 Whether the English court has jurisdiction over a claim against an Italian consumer under the Brussels Regulation (recast)
  2. 2 Whether the Claimant directed its commercial activities to Italy within the meaning of Article 17(1)(c) of the Regulation
  3. 3 Whether Article 18(2) applies to require proceedings to be brought in Italy

Ratio Decidendi

The Claimant, through its agent, directed commercial activities to Italy by incentivising and inviting the Defendant to the Club, satisfying Article 17(1)(c). As the Defendant is a consumer, Article 18(2) applies, requiring the Claimant to sue in Italy. The jurisdiction agreement in the CCF does not override this, as Article 19 restricts such agreements unless entered after the dispute arises, which was not the case here.

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.