Internal contracts, internationality and jurisdiction clause. Purpose to the CJEU judgement of 8th February 2024, case C-566/22

Abstract

The CJEU declares that the attribution of jurisdiction to a foreign court when all the elements of a contract are located in the forum -the only element of foreignness being the same choice clause- is subject to Regulation 1215/2012. It is not that the requirement of internationality is dispensed with: internationality is created by the will of the parties. The judgement, although it is not without sharp criticism, leaves no room for interpretation or doubt. This commentary addresses the study of the consequences and implications for the procedural system that derive from this pronouncement.