Droit des contrats,Droit international

Compétence internationale : jouer « comme un pro » ne rend pas un consommateur professionnel

Posté le par Loïc Panhaleux

Un joueur accompli peut-il se prévaloir des dispositions protectrices du consommateur prévues par le règlement UE n° 1215/2012?

La Cour de Justice considère que non : « L’article 15, paragraphe 1, du règlement (CE) no 44/2001 du Conseil, du 22 décembre 2000, concernant la compétence judiciaire, la reconnaissance et l’exécution des décisions en matière civile et commerciale, doit être interprété en ce sens qu’une personne physique domiciliée dans un État membre qui, d’une part, a conclu avec une société établie dans un autre État membre un contrat pour jouer au poker sur Internet, contenant des conditions générales déterminées par cette dernière, et, d’autre part, n’a ni officiellement déclaré une telle activité ni offert cette activité à des tiers en tant que service payant ne perd pas la qualité de « consommateur » au sens de cette disposition, même si cette personne joue à ce jeu un grand nombre d’heures par jour, possède des connaissances étendues et perçoit des gains importants issus de ce jeu. » (CJUE, 10 déc. 2020, A.B. et B.B. contre Personal Exchange International limited).

Loïc Panhaleux

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