TY - JOUR
T1 - Affirming free movement of services and the scope of international jurisdiction of a cross-border consumer credit agreement
T2 - C-630/17 Milivojevic v Raiffeisenbank St Stefan-Jagerberg-Wolfsberg eGen
AU - Gillies, Lorna Elizabeth
PY - 2019/10/14
Y1 - 2019/10/14
N2 - At the heart of the recent CJEU case C-630/17 Milivojevic v Raiffeisenbank St Stefan-Jagerberg-Wolfsberg eGen, was the principle of free movement of services (Article 56) and shared competence in consumer protection law between the EU and Member States (Article 169). In this case, the Croatian court referred a question concerned with Member States’ restrictions on free movement of services and whether the contract was a consumer contract for the purpose of establishing international jurisdiction under EU 1215/2012 the Brussels I Bis Regulation. The value of this case is in how the CJEU affirms the relationship between the principle of free movement of services and Member States’ laws in such cases where the latter seeks to “invalidate” consumer credit agreements with non-authorised lenders. It also reiterated the interpretation of the consumer concept for special international jurisdiction under the Brussels I Bis Regulation and the scope of exclusive, in rem jurisdiction under the same instrument.
AB - At the heart of the recent CJEU case C-630/17 Milivojevic v Raiffeisenbank St Stefan-Jagerberg-Wolfsberg eGen, was the principle of free movement of services (Article 56) and shared competence in consumer protection law between the EU and Member States (Article 169). In this case, the Croatian court referred a question concerned with Member States’ restrictions on free movement of services and whether the contract was a consumer contract for the purpose of establishing international jurisdiction under EU 1215/2012 the Brussels I Bis Regulation. The value of this case is in how the CJEU affirms the relationship between the principle of free movement of services and Member States’ laws in such cases where the latter seeks to “invalidate” consumer credit agreements with non-authorised lenders. It also reiterated the interpretation of the consumer concept for special international jurisdiction under the Brussels I Bis Regulation and the scope of exclusive, in rem jurisdiction under the same instrument.
UR - https://kluwerlawonline.com/journalarticle/Journal+of+European+Consumer+and+Market+Law/8.5/EuCML2019038
M3 - Comment/debate
SN - 2364-4710
VL - 8
SP - 202
EP - 204
JO - Journal of European Consumer and Market Law
JF - Journal of European Consumer and Market Law
IS - 5
ER -