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- Title
Eine Gerichtsstandsklausel kann unter Lug-Ü II auch durch Angabe eines Hyperlinks auf AGB Vertragsbestandteil werden.
- Authors
Piltz, Burghard
- Abstract
The article discusses the question of whether a jurisdiction clause is valid when it is included in general terms and conditions and referred to by a hyperlink. The court ruling states that such a clause is valid if the contract is concluded in writing and the hyperlink to the terms and conditions is provided, without the party to whom the clause is invoked having to expressly accept it. The ruling is based on Article 23(1) and (2) of the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. The ruling was made by the European Court of Justice and relates to a case between Tilman SA and Unilever Supply Chain Company AG.
- Subjects
LEGAL judgments; UNILEVER Group (Company); JURISDICTION; SUPPLY chains; STATE courts; COURTS
- Publication
Internationales Handelsrecht, 2023, Vol 23, Issue 3, p120
- ISSN
1617-5395
- Publication type
Article
- DOI
10.9785/ihr-2023-230306