Hypotecni banka, as v Lindner: ECJ 8 Sep 2011

ECJ Opinion – Regulation (EC) No 44/2001 – Appointment of a guardian for a consumer whose residence is unknown – Rules on international jurisdiction – Applicability – Article 24 of Regulation No 44/2001 – Appearance Guardian appointed without the consent or knowledge of the defendant – Article 17, paragraph 3) of Regulation No 44/2001 – Agreement conferring jurisdiction that contains an implicit international jurisdiction, Article 3, paragraph 1, and Article 6 of Directive 93/13/EEC – Effects of the fairness of an agreement conferring jurisdiction on the implicit contract, international jurisdiction Article 16, paragraph 2 of Regulation No 44/2001 – Discussion whether a consumer is domiciled in a Member State – Article 4 of Regulation No 44/2001 – Jurisdiction where the defendant is not domiciled in the territory of a Member State – Right of defense of the defendant – Article 26, paragraph 2 of Regulation No 44/2001 – Article 47, paragraph 2, of the Charter of Fundamental Freedoms

Citations:

C-327/10, [2011] EUECJ C-327/10

Links:

Bailii

Statutes:

Regulation (EC) No 44/2001

Cited by:

OpinionHypotecni banka, as v Lindner ECJ 17-Nov-2011
ECJ Jurisdiction and the enforcement of judgments in civil and commercial matters – Mortgage loan contract concluded by a consumer who is a national of one Member State with a bank established in another Member . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 19 September 2022; Ref: scu.444114