Tribunal da Relação de Lisboa; 2024-06-20; 1917/23.0T8OER.L1-A-8
Decision by national courts in the field of European Union law — ECLI:PT:TRL:2024:1917.23.0T8OER.L1.A.8.ED
Date: 2024-06-20
Subject matter: Judicial cooperation in civil matters
Origin: Portugal

82024PT0620(51)_ENG_SUMJURE
JURE summary
JURE summary
I. In light of the Court of Justice of the European Union’s judgment in Case C-566/22 (1), Article 25(1) the Brussels I Regulation (recast) (2) is applicable to an agreement conferring jurisdiction by which the parties to a contract who are established in the same Member State agree on the jurisdiction of the courts of another Member State to settle disputes arising out of that contract, even if that contract has no other connection with that other Member State.
II. Article 25 of the Brussels I Regulation (recast) sets out the requirements for an agreement conferring jurisdiction to be valid. In terms of form, the agreement must be concluded in writing or in a form equivalent to ‘writing’ [see Article 25(1)(a), (b) and (c), and Article 25(2) of the Regulation]. In terms of substance, the subject matter or content of the agreement must relate, with sufficient precision, to a particular legal relationship [see main body of Article 25(1)].
III. These are the only requirements for validity that need to be considered, since Article 25 of the Brussels I Regulation (recast) takes precedence over any stricter national legal requirements, and its application is independent of any connection between the subject matter of the dispute and the designated court. Any hypothetical disadvantages arising from the location of the agreed forum for one of the parties that domestic law might deem relevant are not to be considered.
(1) Judgment of the Court of Justice of 8 February 2024, Inkreal s.r.o. v Dúha reality s.r.o., C-566/22, ECLI:EU:C:2024:123.
(2) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).