Kareda v Stefan Benkö: CJEU rules with speed on recourse claim brought between jointly and severally liable debtors and place of performance of loan agreement.

Update 03 09 2023 see application of place of performance of loan agreement ECLI:NL:RBLIM:2023:4342.

Less than two months after the AG Opined (see my report here), the Court of Justice has already held in C-249/16 Kareda v Stefan Benkö. The judgment follows Opinion to a tee albeit with a slightly more cautious link between Brussels I (jurisdiction) and Rome I /II (applicable law): at 32, with reference to the similarly cautious approach of the Court in Kainz.

[41]:  “in the context of a credit agreement, the characteristic obligation is the actual granting of the sum loaned, while the borrower’s obligation to repay that sum is merely a consequence of the performance of the service by the lender.”

Geert.

(Handbook of) European Private International Law, 2nd ed. 2016, Chapter 2, Heading 2.2.11.2, Heading 2.2.11.2.9 .