A Critical Perspective on the Development of Internet Related Case Law for Online Consumer Contracts in the EU
| Authors | |
|---|---|
| Year of publication | 2018 |
| Type | Article in Proceedings |
| Conference | Proceedings of the 4th International Conference on European Integration 2018 (ICEI 2018), May 17-18, 2018, Ostrava, Czech Republic |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | Court of Justice of the EU; directing of activities; internet; online consumer contracts |
| Attached files | |
| Description | In this paper, I will critically asses the work of the Court of Justice of the EU in its important role as a sole authority on the interpretation of the EU law. The substance of the paper deals with the case law concerning jurisdictional rules contained in the Brussels Ibis Regulation for disputes arising out of consumer contracts concluded online. For the development of the internal market and economic integration of the EU, it is essential to safeguard rights of weaker parties (consumers) in small-amount, cross-border, everyday transactions. The interpretation is crucial for terms “consumer”, “consumer contract” and “directing of activities”. The Court of Justice had opportunities to be innovative in this regard and to create a new jurisprudence for the online environment. My research question in this paper is whether the Court went too far and effectively diminished the legal certainty and predictability for application of relevant jurisdictional rules for disputes arising out of consumer contracts in the Brussels Ibis Regulation. POZNÁMKA: The ICEI 2018 proceeding will be sent with the request to be indexed in the Thomson Reuters Conference Proceedings Citation Index (formerly ISI Proceedings) accessible at the Web of Science and to SCOPUS database. |
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