A rather curious judgment was handed down last month by the CJEU, concerning the 2001 Brussels Regulation. At first glance, the decision is not surprising. It merely confirms that the EU has moved with the times and, outside the business-to-consumer context at least, has permitted jurisdiction agreements to be communicated by “click wrapping”. This means allowing them to be seen by clicking on a hyperlink rather than appearing automatically on a web page or being sent to a party in hard copy or by fax or email. But incidentally, the judgment also highlights the inconsistency of different language versions of EU legislation, and serves as a warning not to rely exclusively on English language ones. Continue reading
