mBank. Consumer’s domicile must be determined at the time the action is brought.

A brief note on domicile and time of assessment: the CJEU held a few weeks back in C-98/20 mBank, holding that for the application of the relevant protected categories title under Brussels Ia, a consumer’s domicile needs to be determined at the time the action is brought. Once again therefore predictability for the business side in a B2C contract is considered less relevant than the protection or rather procedural comfort for the consumer.

Geert.

 

%d bloggers like this: