Court of Justice 9 September 2021, C-296/20 (Commerzbank AG v E.O.)

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The Advocate General's opinion addresses the interpretation of Article 15(1)(c) of the Lugano II Convention concerning jurisdiction over consumer contracts, particularly in cases where the consumer relocates to another state after the contract's conclusion. The opinion suggests that the jurisdiction may depend on whether the professional was engaged in cross-border activities at the time the contract was formed or if the international element arose solely due to the consumer's subsequent move. The Advocate General emphasizes the need for a careful balance between consumer protection and the foreseeability of jurisdiction for economic operators, ultimately leaning towards a strict interpretation of the jurisdictional rules as they apply to consumer contracts.AI