In Ryanair dac v SC srl [2019] IEHC 239 the Irish High Court confirmed the enforceability of a jurisdiction clause contained within a website’s Terms of Use, finding the user had agreed to it via a “click-wrap” agreement. Following previous Ryanair screen-scraping cases, the court held the click-wrap agreement met the requirements of Article 25(1) (c) of the Brussels I Recast Regulation (EU 1215/2012) (the Regulation). The court rejected the defendant’s arguments that there had been no assent to the Terms of Use, and the jurisdiction clause, because there was an element of “auto-ticking” by the Ryanair system as distinct from manual ticking by the user.

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