McDonald -v- A.Z. Sint Elisabeth Hospital & ors [2015] IEHC 62 (22 January 2015)

McDonald -v- A.Z. Sint Elisabeth Hospital & ors [2015] IEHC 62 (22 January 2015)

The contract for medical services was concluded and performed in Belgium, with the characteristic performance (the surgery) and payment occurring there. The plaintiff did not take all necessary steps for contract conclusion in Ireland, as required by Article 5(2) of the Rome Convention. Article 5(4)(b) further excludes the contract from consumer protection provisions, as the services were supplied exclusively in Belgium. Therefore, Belgian law is the proper law of the contract under Article 4(2) and Article 5(4) of the Rome Convention.

Citation
[2015] IEHC 62
Parties
Plaintiff: Aidan McDonald; First Defendant: A. Z. Sint Elisabeth Hospital; Second Defendant: Dr. Joost van der Sypt; Third Defendant: North West Wales National Hospital Trust (No.2)
Jurisdiction
Ireland
Judgment Date
22 January 2015
Procedural Posture
Preliminary Issue in Civil Proceedings / Determination of Proper Law of Contract
Outcome
Declaration of proper law; preliminary issue determined
Legal Topics
Proper Law of Contract, Rome Convention, Consumer Contracts, Jurisdiction, Choice of Law
Private International Law Contract Law Consumer Law Proper Law of Contract Rome Convention Consumer Contracts Jurisdiction Choice of Law

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Parties

Aidan McDonald

Plaintiff

A. Z. Sint Elisabeth Hospital

First Defendant

Dr. Joost van der Sypt

Second Defendant

North West Wales National Hospital Trust (No.2)

Third Defendant

Procedural Posture

Preliminary Issue in Civil Proceedings / Determination of Proper Law of Contract

Legal Issues

  1. 1 What is the proper law governing a contract for medical services entered into by an Irish consumer with a Belgian hospital in response to targeted advertising?
  2. 2 Does Article 5 of the Rome Convention apply to confer Irish law as the proper law of the contract?

Ratio Decidendi

The contract for medical services was concluded and performed in Belgium, with the characteristic performance (the surgery) and payment occurring there. The plaintiff did not take all necessary steps for contract conclusion in Ireland, as required by Article 5(2) of the Rome Convention. Article 5(4)(b) further excludes the contract from consumer protection provisions, as the services were supplied exclusively in Belgium. Therefore, Belgian law is the proper law of the contract under Article 4(2) and Article 5(4) of the Rome Convention.

Court Disposition

Declaration of proper law; preliminary issue determined

Orders

  • It is declared that Belgian law is the proper law of the contract between the plaintiff and the first defendant hospital.