The parties argued about the validity of a forum clause in favour of the courts In Luxembourg. The plaintiff contested its legal force.
The court held that the forum clause was valid. The agreement on the place of jurisdiction within the meaning of Art. 23 (1) Brussels I couldn’t be examined according to measures of national law on general terms and conditions. The Regulation exhaustively ruled the requirements of a valid forum clause and the corresponding consensus between the parties. Potential restrictions regarding forum clauses in national law weren’t relevant. These rules didn’t apply even assuming the possibility of an abuse control. Further, the applicability of Art. 23 (1) Brussels I didn’t require that the facts underlying the dispute contained foreign elements.
The judgment is correct. It is in accordance with the guidelines that were established in Casteletti (C-159/97) and Sanicentral (C-25/79).