Arrêt Lastre (2025) concerns asymmetrical jurisdiction clauses in the European Union. Which condition does it set for their validity?

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In EU law, forum-selection or jurisdiction clauses must respect fairness and genuine consent, especially when one party is in a weaker bargaining position. Arrêt Lastre clarifies a specific safeguard: when an asymmetrical jurisdiction clause appears in a standard form contract (an adhesion contract), it is invalid. The reasoning is that standard form terms are drafted by the stronger party and leave the other party little or no opportunity to negotiate, so the clause cannot satisfy the requirement of true, informed consent and balanced terms. This aligns with the protection against abusive terms under EU consumer-protection standards: a clause that designates a particular court in a standard form contract undermines fairness and access to justice, and therefore cannot be valid. For such a clause to be valid in principle, there must be genuine consent to the forum and a sufficiently precise designation, which is typically not ensured in standard form contracts.