Gerechtshof Amsterdam; 2024-06-25; GoMundo en Ryanair; 200.330.663/01
Decision by national courts in the field of European Union law — ECLI:NL:GHAMS:2024:1746
Date: 2024-06-25
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82024NL0625(51)_ENG_SUMJURE
JURE summary
JURE summary
Gerechtshof Amsterdam, 25 June 2024 ECLI:NL:GHAMS:2024:1746
Case 200.330.663/01
GoMundo offers package holidays and has booked flights with Ryanair for this purpose. Because of COVID-19, Ryanair cancelled the flights. GoMundo sought reimbursement of the sums paid for the flights booked with Ryanair on behalf of its customers. An interim relief judge (1) granted GoMundo's request, subject to certain conditions. On appeal to the Gerechtshof Amsterdam (hereinafter ‘the Court of Appeal’), Ryanair challenged, inter alia, the jurisdiction of the Dutch court.
The jurisdiction clause was part of the terms and conditions of use that GoMundo had accepted. The clause applies to all users of the Ryanair website, including GoMundo. Consequently, the Court of Appeal held that GoMundo was bound by the jurisdiction clause, even though it had no direct contractual relationship with Ryanair.
The Court of Appeal set aside the contested judgment under appeal and declared that the Dutch court lacked jurisdiction.
(1) Voorzieningenrechter.