Jadłowski Przemysław, Glosa do wyroku TS z dnia 3 kwietnia 2019 r., C-266/18

1) Article 1(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that a contractual term (such as that at issue in the main proceedings, which refers to the national law applicable as far as it concerns the determination of jurisdiction to hear disputes between the parties to the contract) does not fall outside the scope of that Directive.

2) Article 7(1) of Directive 93/13 must be interpreted as not precluding procedural rules (to which a contractual term refers) which allow the seller or supplier to choose, in the event of an action for alleged non-performance of a contract by the consumer, between the court which has jurisdiction in the place where the defendant is domiciled and that which has jurisdiction in the place of performance of the contract, unless the choice of the place of performance of the contract gives rise, for the consumer, to procedural...