Judgment_paragraph 33 · Harald Kolassa v Barclays Bank plc (C-375/13)

33The Court has, admittedly, held that the concept of ‘other party to the contract’ laid down in Article 16(1) of Regulation No 44/2001 must be interpreted as meaning that it also covers the contracting partner of the operator with which the consumer concluded that contract (judgment in Maletic, EU:C:2013:735, paragraph 32). However, that interpretation rested on specific circumstances in which the consumer was from the outset contractually linked, inseparably, to two contracting partners. In addition, the consequence of excluding the contracting partner established in the consumer’s Member State from the scope of Article 16 would have been that the court hearing the case against the two contracting partners jointly would have had jurisdiction only in respect of the operator established in another Member State.