Tribunal da Relação do Porto; 2024-03-19; 10870/22.6T8PRT.A.P1
Decision by national courts in the field of European Union law — ECLI:PT:TRP:2024:10870.22.6T8PRT.A.P1.A0
Date: 2024-03-19
Subject matter: Judicial cooperation in civil matters
Origin: Portugal

82024PT0319(51)_ENG_SUMJURE
JURE summary
JURE summary
I. Where the plaintiff is an individual who alleges that he entered into a contract for the provision of domain hosting services in the capacity of a consumer, it is for the defendant, the provider of those services who is seeking to dismiss the case on the grounds of a lack of international jurisdiction, to allege and prove that the plaintiff intended to use those services for commercial, industrial, craft or professional purposes.
II. This conclusion cannot be drawn merely from the name chosen for the domains in question, even if they suggest a connection with the hotel business, if nothing has been alleged or established through the evidence provided regarding the plaintiff’s actual activity.
III. The mere fact that an individual uses an email address bearing a company’s name does not allow the conclusion to be drawn that he acted as that company’s legal representative, particularly when he entered into a contract in his own name.