Jurisdiction over Subrogated Consumer Contracts

Abstract

The European Court of Justice (the “CJEU”) has once again ruled on the scope of the forum actoris and further clarification of the scope in the consumer context is expected later this year. This article first provides a general overview of the jurisdictional provisions for consumers, followed by an analysis of subrogation in the insurance context, and finally assignment in consumer jurisdictions will be addressed. It will demonstrate that jurisdictional provisions must be interpreted strictly and literally to secure the main objectives of predictability and legal certainty of the Brussels Regulations.

Keywords: Jurisdiction; Consumer Contracts; Brussels Ia Regulations

JEL Classification: K41