Jurisdiction in European claims: latest CJEU decision on ‘weaker party’ suing in home state

The recent decision in of the Court of Justice of the European Union (CJEU) in CNP v Gefion C-913/19 examines questions of jurisdiction under the Brussels 1 (Recast) Regulation following an assignment of the underlying claim, which arose from a motor accident, to a commercial entity. The case also touches on the provisions of the Regulation dealing with a defendant company having a branch in another Member State.

Despite Brexit, the approach adopted in this case will remain binding in relation to cross border cases connected to the UK in which proceedings were issued before the end of the transition period, i.e. by 31 December 2020.

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