Abstract

The article discusses the latest judgment of the Court of Justice of the European Union regarding court jurisdiction in cases against a consumer whose place of residence is undetermined in connection with the answer given by the CJEU to the question of a Polish court in the judgment of 11 April 2024 in the case of Credit Agricole Bank Polska S.A. v. AB, C-183/23. The CJEU held that if the place of residence of the defendant remained undetermined and there were indications that they had actually left the European Union, national jurisdiction - irrespective of the nationality of the defendant - lies with the court in whose district the last place of residence of the defendant was situated pursuant to Article 18.2 of the Brussels I bis Regulation. Such a decision made it possible to avoid answering the question of a Polish court regarding the possibility of establishing national jurisdiction as a result entering into the dispute of the attorney appointed by court for the defendant as a person whose whereabouts are unknown. The article clarifies this issue.