Jurisdiction over Foreign Consumers: Commentary on Judgment No. 15364 of 2024

Judgment No. 15364 of June 3, 2024, issued by the Court of Cassation, offers important clarification on international jurisdiction, particularly concerning legal actions involving foreign consumers. This topic is of particular relevance in light of the increasing globalization of commercial transactions and the consequent rise in legal disputes between professionals and consumers from different European Union Member States.

Regulatory Context

Jurisdiction in consumer matters is governed by Regulation (EU) No. 1215/2012, which establishes precise rules for determining which court has jurisdiction to resolve disputes between professionals and consumers. In particular, Article 18(2) of the Regulation enshrines the non-derogability of the consumer's forum, thus ensuring adequate protection for those who purchase goods or services outside their state of residence.

JURISDICTION OVER FOREIGNERS - IN GENERAL Jurisdiction over foreigners - Action by a professional against a foreign consumer - Non-derogability of the consumer's forum pursuant to Art. 18, paragraph 2, Regulation (EU) No. 1215/2012 - Conditions - Necessity that the professional's activity be directed, by any means, towards the Member State where the customer is domiciled (Arts. 17 and 18 Regulation (EU) No. 1215/2012) - Burden of immediate and specific pleading and proof - Exclusion. In matters of jurisdiction over foreigners, a consumer who, sued by a professional, promptly raises an objection regarding the lack of jurisdiction of the court seized, invoking their status and domicile in another Member State, does not have the burden of expressly and immediately stating in their defense, for the purposes of Art. 17, paragraph 1, letter c), Regulation (EU) No. 1215 of 2012, that the plaintiff's activities are directed, by any means, towards the State of their domicile, as the judge must verify the existence of the elements establishing their international competence based on the evidence objectively resulting from the case file, including constitutive evidence.

Analysis of the Judgment

The Court of Cassation highlighted that the consumer is not obliged to demonstrate, in their defense, that the professional's activity was directed towards their state of residence. This aspect is crucial, as it reiterates the importance of consumer protection in jurisdictional matters, preventing excessive evidentiary burdens from compromising the right of access to justice.

Furthermore, the judgment clarifies that it is the judge's duty to verify ex officio the evidence justifying their international jurisdiction. Therefore, the lack of specific allegations by the consumer must not prejudice their position, which represents a significant step forward for the protection of consumer rights at the European level.

Conclusions

Judgment No. 15364 of 2024 represents an important milestone in international jurisdiction, emphasizing the need to protect foreign consumers in a complex legal context. This decision not only strengthens consumer rights but also contributes to greater legal certainty in international transactions. It is essential for professionals to be aware of these rules and their implications for their commercial activities, to ensure proper management of legal disputes.