ro fr
universul juridic magazin

Effectiveness of the agreements conferring jurisdiction included in the general business conditions – jurisprudential benchmarks

The jurisdiction based on choice of court agreements plays an important role in business relations, both in intern and international contracts. Nevertheless, in the context of strict legal requirements aimed to insure the real consent of the parties, the efficacy of these agreements risks to be affected when one or both partners are using standard business terms. Seized with preliminary questions regarding the interpretation of the European pertinent texts – article 17 of the Brussels Convention or article 23 of Brussel I Regulation, replaced now by article 25 of Regulation 1215/2012, the European Court of Justice offered generous clarifications in this field, whose review is likely to illustrate a complex range of solutions, fitted to the challenges raised.