Les Ambassadeurs Club Ltd v Vona

Les Ambassadeurs Club Ltd v Vona

The Claimant, through its agent, engaged in commercial activities directed to Italy by incentivising and soliciting the Defendant to visit the Club, satisfying Article 17(1)(c) of the Regulation. As the Defendant is a consumer, Article 18(2) confers exclusive jurisdiction to Italian courts, and the Claimant must pursue its claim there.

Parties
Claimant/respondent: Les Ambassadeurs Club Limited; Defendant/applicant: Mr Ivan Vona
Jurisdiction
England and Wales
Judgment Date
19 November 2018
Procedural Posture
Civil Claim / Ruling on Jurisdictional Challenge
Outcome
Defendant's application succeeds; English court has no jurisdiction.
Legal Topics
Jurisdiction, Consumer Contracts, Brussels Regulation, Contractual Debt
Civil Procedure International Private Law Consumer Protection Jurisdiction Consumer Contracts Brussels Regulation Contractual Debt

Case Brief

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Parties

Les Ambassadeurs Club Limited

Claimant/respondent

Mr Ivan Vona

Defendant/applicant

Procedural Posture

Civil Claim / Ruling on Jurisdictional Challenge

Legal Issues

  1. 1 Whether the English court has jurisdiction to hear a claim against a consumer domiciled in Italy under Regulation (EU) No. 1215/2012
  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) of the Regulation confers exclusive jurisdiction to Italian courts

Ratio Decidendi

The Claimant, through its agent, engaged in commercial activities directed to Italy by incentivising and soliciting the Defendant to visit the Club, satisfying Article 17(1)(c) of the Regulation. As the Defendant is a consumer, Article 18(2) confers exclusive jurisdiction to Italian courts, and the Claimant must pursue its claim there.

Court Disposition

Defendant's application succeeds; English court has no jurisdiction.

Orders

  • Claimant must pursue its claim against the Defendant in the courts of Italy.