Payments owed to bank in cross-border domicile case: AG Campos Sánchez-Bordona’s advice on application of Lugano Convention
Advocate General Campos Sánchez-Bordona has advised the Court of Justice in Commerzbank AG v E.O. (C‑296/20) on how to interpret the Lugano Convention on the jurisdiction and recognition and enforcement of judgments in order to determine which court has jurisdiction over a dispute raised by a banking institution to recover payment of the debit balance on a customer’s current account.
In the facts leading to the main proceedings, the customer in question was overdrawn at a time he sought to close his account when moving to Switzerland. The bank terminated the contract and requested payment. The customer however refused to pay the amount owed arguing that it had been debited due to fraudulent use of his credit card.