CELEX: 62019CA0774
Language: en
Date: 2020-12-10 00:00:00
Title: Case C-774/19: Judgment of the Court (Sixth Chamber) of 10 December 2020 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — A. B., B. B. v Personal Exchange International Limited (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 15(1) — Jurisdiction over consumer contracts — Concept of ‘consumer’ — Poker playing contract concluded online between a natural person and an organiser of games of chance — Natural person earning a living from online poker games — Knowledge of that person — Regularity of that activity)

15.2.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 53/14
            
         
      Judgment of the Court (Sixth Chamber) of 10 December 2020 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — A. B., B. B. v Personal Exchange International Limited
      (Case C-774/19) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Article 15(1) - Jurisdiction over consumer contracts - Concept of ‘consumer’ - Poker playing contract concluded online between a natural person and an organiser of games of chance - Natural person earning a living from online poker games - Knowledge of that person - Regularity of that activity)
      (2021/C 53/17)
      Language of the case: Slovenian
      
         Referring court
      
      Vrhovno sodišče Republike Slovenije
      
         Parties to the main proceedings
      
      
         Applicants: A. B., B. B.
      
         Defendant: Personal Exchange International Limited
      
         Operative part of the judgment
      
      Article 15(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a natural person domiciled in a Member State who, first, has concluded with a company established in another Member State a contract to play poker on the internet, containing general terms and conditions specified by that company, and, second, has neither officially declared such activity nor offered it to third parties as a paid service does not lose the status of ‘consumer’ within the meaning of that provision, even if that person plays that game for a large number of hours per day, possesses extensive knowledge and receives substantial winnings from the game.
      
         (1)  OJ C 19, 20.1.2020.