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Case C-358/21: Judgment of the Court (Seventh Chamber) of 24 November 2022 (request for a preliminary ruling from the Cour de cassation — Belgium) — Tilman SA v Unilever Supply Chain Company AG (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Lugano II Convention — Jurisdiction clause — Formal requirements — Clause included in the general terms and conditions — General terms and conditions which may be viewed and printed from a hypertext link mentioned in a contract concluded in writing — Consent of the parties)
ECLI:EU:UNKNOWN:62021CA0358
62021CA0358
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23.1.2023
Official Journal of the European Union
C 24/10
(Case C-358/21)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Lugano II Convention - Jurisdiction clause - Formal requirements - Clause included in the general terms and conditions - General terms and conditions which may be viewed and printed from a hypertext link mentioned in a contract concluded in writing - Consent of the parties)
(2023/C 24/13)
Language of the case: French
Referring court
Parties to the main proceedings
Appellant: Tilman SA
Respondent: Unilever Supply Chain Company AG
Operative part of the judgment
Article 23(1) and (2) of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007, the conclusion of which was approved on behalf of the European Community by Council Decision 2009/430/EC of 27 November 2008,
must be interpreted as meaning that
a jurisdiction clause is validly concluded where it is contained in the general terms and conditions to which the contract concluded in writing refers by the inclusion of a hypertext link to a website, access to which allows those general terms and conditions to be viewed, downloaded and printed prior to that contract being signed, without the party against whom that clause operates having been formally asked to accept those general terms and conditions by ticking a box on that website.
(1) OJ C 338, 23.8.2021.