Opinion of the Advocate General — ECLI:EU:C:2002:171
Date: 2002-03-14
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 — Special jurisdiction — 
Jurisdiction 'in matters relating to tort, delict or quasi-delict' — Definition — Preventive 
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SUMMARY — CASE C-167/00 
action brought by a consumer protection organisation seeking an injunction to prevent a 
trader from using unfair terms in consumer contracts — Included 
(Brussels Convention of 27 September 1968, Art. 5(3)) 
The rules on jurisdiction laid down in the 
Convention of 27 September 1968 on 
Jurisdiction and the Enforcement of Judg­
ments 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 Convention of 25 October 1982 on the 
Accession 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, 
must be interpreted as meaning that a 
preventive action brought by a consumer 
protection organisation for the purpose of 
preventing a trader from using terms con­
sidered to be unfair in contracts with 
private individuals is a matter relating to 
tort, delict or quasi-delict within the mean­
ing of Article 5(3) of that convention. 
(see para. 50, operative part) 
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