CELEX: 62018CA0208
Language: en
Date: 2019-10-03 00:00:00
Title: Case C-208/18: Judgment of the Court (First Chamber) of 3 October 2019 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — Jana Petruchová v FIBO Group Holdings Limited (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 17(1) — Jurisdiction over consumer contracts — Notion of ‘consumer’ — Natural person carrying out transactions on the international exchange market through the intermediary of a brokerage company — Regulation (EC) No 593/2008 (Rome I) — Directive 2004/39/EC — Notion of ‘retail client’)

9.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 413/10
            
         
      Judgment of the Court (First Chamber) of 3 October 2019 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — Jana Petruchová v FIBO Group Holdings Limited
      (Case C-208/18) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Article 17(1) - Jurisdiction over consumer contracts - Notion of ‘consumer’ - Natural person carrying out transactions on the international exchange market through the intermediary of a brokerage company - Regulation (EC) No 593/2008 (Rome I) - Directive 2004/39/EC - Notion of ‘retail client’)
      (2019/C 413/11)
      Language of the case: Czech
      
         Referring court
      
      Nejvyšší soud
      
         Parties to the main proceedings
      
      
         Applicant: Jana Petruchová
      
         Defendant: FIBO Group Holdings Limited
      
         Operative part of the judgment
      
      Article 17(1) of 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 must be interpreted as meaning that a natural person who, under a contract such as a CfD concluded with a brokerage company, carries out transactions on the international FOREX (foreign exchange) market through that company, must be classified as a ‘consumer’ within the meaning of that provision if the conclusion of that contract does not fall within the scope of that person’s professional activity, which it is for the national court to ascertain. For the purpose of that classification, on the one hand, factors such as the value of transactions carried out under contracts such as financial contracts for differences, the extent of the risks of financial loss associated with the conclusion of such contracts, any knowledge or expertise that person has in the field of financial instruments or his or her active conduct in the context of such transactions are, as such, in principle irrelevant, and, on the other, the fact that the financial instruments do not fall within the scope of Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) or that that person is a ‘retail client’ within the meaning of Article 4(1)(12) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC is, as such, in principle irrelevant.
      
         (1)  OJ C 200, 11.6.2018.