The Court Of Justice Of The European Union

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Jaouad El Majdoub v. CarsOnTheWeb.Deutschland GmbH. Judgement of the Court of Justice of the European Union (Third Chamber) of 21 May 2015 I. Introduction With its almost recent ruling the Court of Justice of the European Union (hereinafter, CJEU) in the case of Jaouad El Majdoub has focused on the concept of 'click-wrapping ' agreement and its compatibility with Article 23(2) of the Brussels I Regulation. Exclusively, the question of whether the jurisdiction clauses which are incorporated within the general terms and conditions of the electronic contracts via 'click-wrapping ' method could be regarded as a durable record. The case that was referred for a preliminary ruling to the CJEU by the Landgricht Krefeld German Court was…show more content…
III. Procedural History As to the matter of jurisdiction, El Majdoub alleged that the Landgricht Krefeld is the competent court to proceed with the case because, Cotw as the defendant in the main proceedings is the party to the sale contract which has been concluded between them also it is based in Germany (not in Belgium). On the contrary, Cotw argued that the courts in Germany are not competent authority to proceed with the case based on two reasons. Firstly, on the website there is an agreement within Article 7 of the general terms and conditions of online sales contracts that grants the jurisdiction to a court in Leuven, Belgium. Furthermore, the defendant in the main proceedings contended that the real party to the contract is the mother company which is established in Belgium while the plaintiff in the main proceedings is well aware of that because the invoice which was sent to him contained the contract details of the mother company and the money was paid to a Belgian bank account. In spite of this, El Majdoub argued that the choice of court agreement acknowledged in Article 7 is not in writing, so it does not comply with Article 23(1) (a) of the Brussels I Regulation. In addition, the general terms and conditions of the sale contract were incorporated in a webpage which opens through clicking on a click-box indicating to 'click here to open the
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