International Jurisdiction Over Consumer Contracts in e-Europe

In its work to maintain and develop the free mobility of judgments within the European Union, the EU approved on 22 December 2000 a new regulation 1 (hereafter the Jurisdiction Regulation) that replaced the Brussels Convention with effect from 1 March 2002. 2 Possibly the most discussed and disputed new development in the Jurisdiction Regulation is Section 4, which concerns jurisdiction over consumer contracts. Before the approval of the Regulation, the provisions of Section 4 were heavily debated. The unreserved right of the consumer, under certain circumstances, to sue the other party in the courts of the State where the consumer is domiciled met strong resistance. This was particularly the case in relation to e-commerce, where there was an expressed fear that the provisions would lead to a scenario where anyone doing business through the Internet or by other electronic means could face the risk of being hauled into court in every state in Europe. It was asserted that this would significantly increase the costs of establishing new businesses online, and that, as a result, small and medium size enterprises would be deterred from offering their products online throughout the EU, and restrain the development of e-commerce in Europe

Advertising · Business · Competition (biology · Convention · Economics · European union · Exclusive jurisdiction · International trade · Jurisdiction · Law and economics · Personal jurisdiction · Political science · Section (typography · State (computer science · Conflict of Laws and Jurisdiction · Corporate Governance and Law · European and International Contract Law · Law

• I. Clarifying the ‘Philosophy of Article 15’ in the Brussels I Regulation

  Open Access•Lorna Gillies, Lorna E Gillies•International and Comparative Law…•2011

  Add to list