Opinion of the Advocate General — ECLI:EU:C:2001:690
Date: 2001-12-13
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Brussels Convention of 27 September 1968;Brussels Convention of 27 September 1968 - Jurisdiction
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 
Convention on jurisdiction and the Enforcement of Judgments — Jurisdiction over 
consumer contracts — Contract for the supply of services or goods — Action brought by 
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SUMMARY — CASE C-96/00 
a consumer domiciled in a Member State for an order requiring a mail-order company 
established in another Member State to award him a prize apparently won in connection 
with an order for goods — Action in contract within the meaning of Article 13, first 
paragraph, point 3, of the Convention 
(Brussels Convention of 27 September 1968, Art. 13, first para., (3)) 
The jurisdiction rules set out in the Con­
vention of 27 September 1968 on Jurisdic­
tion and the Enforcement of Judgments in 
Civil and Commercial Matters, as amended 
by the Convention of 9 October 1978 on 
the Accession of the Kingdom of Denmark, 
Ireland and the United Kingdom of Great 
Britain and Northern Ireland, by the Con­
vention of 25 October 1982 on the Acces­
sion of the Hellenic Republic, by the 
Convention of 26 May 1989 on the Acces­
sion of the Kingdom of Spain and the 
Portuguese Republic, and by the Conven­
tion of 29 November 1996 on the Acces­
sion of the Republic of Austria, the Repub­
lic of Finland and the Kingdom of Sweden, 
are to be construed as meaning that judicial 
proceedings by which a consumer seeks an 
order, in the Contracting State in which he 
is domiciled and pursuant to that State's 
legislation, requiring a mail-order company 
established in another Contracting State to 
pay him a financial benefit in circumstances 
where that company had sent to that 
consumer in person a letter likely to create 
the impression that a prize would be 
awarded to him on condition that he 
ordered goods to a specified amount, and 
where that consumer actually placed such 
an order in the State of his domicile 
without, however, obtaining payment of 
that financial benefit, are contractual in 
nature in the sense contemplated in 
Article 13, first paragraph, point 3, of that 
Convention. 
(see para. 60, operative part) 
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