Choice of court agreements in light of CJEU Decision in case C-566/22 <i>Inkreal</i>

Abstract Under CJEU case C-566/22 Inkreal, the Court was requested to analyse whether Article 25 of Regulation Brussels Ibis would apply in a completely internal situation. The current work provides an overview of the reasoning of the Advocate General and the Court in Inkreal and comments on the main lines of argument of the CJEU in light of the established case law of the Court on the matter. The author puts forward the view that in Inkreal the CJEU not only relied upon but effectively expanded the concept of ‘international element’ which was traditionally required per its own case law and drawing upon predominantly policy arguments, the CJEU allowed parties in entirely internal situations to choose a foreign court in a way that was not conceivable prior to Inkreal. This may cater for greater flexibility but at the same time open the door for greater abuse and forum shopping, as it is argued by the author.