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1968 Brussels Convention and EU Council Regulation No 44/2001: Jurisdiction in Consumer Contracts Concluded Online
Author(s) -
Vasiljeva Ksenija
Publication year - 2004
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/j.1468-0386.2004.00206.x
Subject(s) - jurisdiction , convention , enforcement , member state , member states , european union , business , state (computer science) , law , political science , personal jurisdiction , exclusive jurisdiction , international trade , algorithm , computer science
This paper addresses the issues on jurisdiction over consumer contracts concluded online in the Member States of the European Union through analysis of the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, which has been transformed into the Regulation recently. The changes brought by the Regulation to the régime of jurisdiction over consumer contracts in the European Union include the concept of the company ‘directing its activities towards particular Member State or States’ as a ground for a consumer to sue such a company in the country of his domicile. Since the list of criteria that could define the activity as directed to the particular Member State does not exist so far, the future effect of the Regulation remains unclear.