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Articoli Correlati: facebook - Court of Justice of the European Union

On 25 January 2018, the Court of Justice of the European Union, in the case C-498/16 stated a relevant principle about the forum that may be invoked by individual and by collective action. In particular, when the status of consumer is concerned, the Court pointed out that the consumer forum applies, but only where the contract between the parties has been concluded for the purpose of a use of the relevant goods or services that is other than a trade or professional use. As regards services relating to a digital social network which is intended to be used over a long period of time, it is necessary to take into account subsequent changes in the use which is made of those services. Furthermore, the Court noted that the consumer forum was established in order to protect the consumer as a party to the contract in question. A consumer is therefore protected only in so far as he is, in his personal capacity, the applicant or defendant in proceedings. Consequently, an applicant who is not himself a party to the consumer contract in question cannot enjoy the benefit of the jurisdiction relating to consumer contracts. The same also applies in regard to a consumer to whom the claims of other consumers have been assigned.