Tribunal da Relação de Lisboa; 2021-01-01; 10984/19.0T8SNT-A.L1-2
Decision by national courts in the field of European Union law — ECLI:PT:TRL:2021:10984.19.0T8SNT.A.L1.2.D2
Date: 2021-12-16
Subject matter: Judicial cooperation in civil matters
Origin: Portugal

82021PT1216(51)_ENG_SUMJURE
JURE summary
JURE summary
1. For reasons of legal certainty, Article 25(1)(a) of the Brussels I Regulation (recast) (1) requires that an agreement conferring jurisdiction shall be in writing to be valid. The aim is to ensure that the parties know what they are agreeing to and the consequences of their free and informed choice. As the name suggests, it presupposes a consensual agreement, which is not satisfied by a unilateral communication from one contracting party to the other.
2. Mere reference to the general terms and conditions of sale contained in invoices sent out, without any specific reference to the jurisdiction clause for the resolution of disputes arising out of this commercial relationship, which can be found on the seller’s website, does not constitute a clear proposal for an agreement conferring jurisdiction, which the other party could knowingly accept by simply saying nothing. Such general reference is not in accordance with the principle of good faith, which the parties must observe both in conclusion and in the performance of contracts.
3. A. relies on an agency contract between the parties and claims compensation for the clientele (the subject matter of the dispute between them). The scope and complexity of such a contract go far beyond a simple contract of sale and purchase, and its legal regulation does not even provide any compensation for the clientele. In light of the foregoing, the general clauses invoked by R., which, as she has stated, refer to general clauses applicable to contracts for the sale of her products, of which a clause conferring jurisdiction is a part, cannot be considered applicable.
(1) 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).