Carlos Lopez By Carlos Lopez

Legal & Contracts · European Union · Cross-Border Contracts

Before You Sign a Contract in Another EU Country: 10 Things to Check

The contract is in another language, governed by another country's law, and worth thousands of euros. Don't sign it like a normal purchase — a few specific checks matter far more here than in a domestic deal.

Why cross-border EU contracts genuinely work differently

Two EU regulations quietly govern most cross-border contract disputes: Rome I decides which country's law actually applies to the contract, and Brussels I Recast decides which country's courts have jurisdiction if something goes wrong. As a consumer, you have specific statutory protections here — a business generally cannot use a choice-of-law clause to strip away the mandatory consumer protections you'd have under your own home country's law, even if the contract names a different country's law as governing.

The 10 things to check before signing

  1. Governing law clause — which country's law applies, and whether your home country's mandatory consumer protections are preserved regardless
  2. Jurisdiction clause — which country's courts would hear a dispute; as a consumer, you generally retain the right to sue in your own country's courts for consumer contracts
  3. Language of the contract — request a version in a language you're fully fluent in, and clarify which version is legally authoritative if both exist
  4. Cancellation and cooling-off rights — confirm the specific rights that apply, since these can vary depending on how and where the contract was concluded
  5. Total price in your own currency — confirm the exact converted amount and who bears any currency fluctuation risk
  6. Dispute resolution mechanism — court, arbitration, or a specific ADR/ECC-Net referral process for cross-border EU disputes
  7. Delivery and cross-border fees — customs, VAT, and shipping costs that a domestic contract wouldn't include
  8. Renewal terms — whether auto-renewal applies, and in which country's format the renewal notice will be sent
  9. Liability and guarantee terms — confirm the 2-year EU minimum legal guarantee applies regardless of what country the seller is based in
  10. Evidence of what you actually agreed to — save a copy of the exact contract version and any translation at the time of signing

Why the jurisdiction clause deserves particular attention

Under Brussels I Recast, a consumer contract generally allows you to bring proceedings either in the country where the business is domiciled or in the courts of your own country of residence — and importantly, a business generally cannot use a jurisdiction clause to force you into a different country's courts for a genuine consumer contract. If a clause appears to remove this protection, that's worth flagging specifically, since it may not be enforceable against you as a consumer even if it looks binding on paper.

Why the governing law clause isn't as risky as it looks

Under Rome I, even where a contract names a foreign country's law as governing, you don't lose the mandatory consumer protection rules of the country where you have your habitual residence, provided the business was targeting or directing its activity to your country. This is specifically designed to prevent a business from using a choice-of-law clause to strip away protections you'd otherwise have.

What this means practically

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