CELEX: 62014CA0322
Language: en
Date: 2015-05-21 00:00:00
Title: Case C-322/14: Judgment of the Court (Third Chamber) of 21 May 2015 (request for a preliminary ruling from the Landgericht Krefeld — Germany) — Jaouad El Majdoub v CarsOnTheWeb.Deutschland GmbH (Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Agreement conferring jurisdiction — Formal requirements — Communication by electronic means which provides a durable record of the agreement — Definition — General terms and conditions of sale which can be consulted and printed from a link which enables them to be displayed in a new window — Click-wrapping)

20.7.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 236/19
            
         Judgment of the Court (Third Chamber) of 21 May 2015 (request for a preliminary ruling from the Landgericht Krefeld — Germany) — Jaouad El Majdoub v CarsOnTheWeb.Deutschland GmbH
   (Case C-322/14) (1)
   
   ((Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation (EC) No 44/2001 - Article 23 - Agreement conferring jurisdiction - Formal requirements - Communication by electronic means which provides a durable record of the agreement - Definition - General terms and conditions of sale which can be consulted and printed from a link which enables them to be displayed in a new window - Click-wrapping))
   (2015/C 236/26)
   Language of the case: German
   
      Referring court
   
   Landgericht Krefeld
   
      Parties to the main proceedings
   
   
      Applicant: Jaouad El Majdoub
   
      Defendant: CarsOnTheWeb.Deutschland GmbH
   
      Operative part of the judgment
   
   Article 23(2) 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 the method of accepting the general terms and conditions of a contract for sale by ‘click-wrapping’, such as that at issue in the main proceedings, concluded by electronic means, which contains an agreement conferring jurisdiction, constitutes a communication by electronic means which provides a durable record of the agreement, within the meaning of that provision, where that method makes it possible to print and save the text of those terms and conditions before the conclusion of the contract.
   
      (1)  OJ C 315, 15.9.2014.