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Private International Law and ICT: Jurisdiction and Consumer Contracts

Explore the regulatory framework governing jurisdiction and applicable law in consumer contracts within the realm of ICT and private international law, with focus on protection of consumer rights and online activities.

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Private International Law and ICT: Jurisdiction and Consumer Contracts

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  1. Private internationallaw & ICT Bertel De Groote May 22, 2011

  2. Introductory remarks • ICT  ‘information’ society • omnipresence of information • ICT  transnational effects of behaviour • problems of sovereignty & role of private international law • effects on legal framework for internet-activities

  3. Introductory remarks • Information, a ‘relevant’ factor in private law • object of a contract regarding service delivery • element leadingto non-contractualobligation • essence of contractualclauses

  4. Introductory remarks • Information, a ‘relevant’ factor in private law • consumerprotection • element leadingtoapplicability of specificrulesfordisputesregardingconsumer contracts • jurisdiction • applicablelaw

  5. Regulatory framework

  6. Regulatoryframework • European framework • consumer contracts • Jurisdiction: Regulation 44/2001 • Applicable law: Regulation 593/2008

  7. Regulatoryframework • Regulation 44/2001 • general jurisdiction rule: art. 2  member state where defendant is domiciled • Specific jurisdiction rule: art. 5, 1  contractual matters: • place of performance of obligation in question

  8. Regulatoryframework • Regulation 44/2001 • jurisdiction over consumer contracts • Art. 15: consumer [ outsidetrade or profession] • Contract with a person who • pursues commercial/profesionalactivities in Member State of consumer’sdomicile • directs commercial activities …byany means tothat Member State • contract within the scope of suchactivities

  9. Regulatoryframework • Regulation 44/2001 • jurisdiction over consumer contracts • Art. 16 • Consumer may bring proceedings in the courts for the place where he is domciled • Proceedings against the consumer may only be brought in the courts of the Member State where he is domiciled

  10. Regulatoryframework • Regulation 44/2001 • jurisdiction over consumer contracts • Art. 17 • influence on ‘effect’ of jurisdiction clauses

  11. Regulatoryframework • Regulation 593/2008 • Law applicable to contractual obligations • Art. 6 – consumer contracts • Contract governed by the law of the country where the consumer has his habitual residence

  12. Regulatoryframework • Regulation 593/2008 • Law applicable to contractual obligations • Art. 6 – consumer contracts • consumer -> natural person for purpose outside his trade or profession • ‘professional’ -> person acting in the exercise of his trade/profession

  13. Regulatoryframework • Regulation 593/2008 • Law applicable to contractual obligations • Art. 6 – consumer contracts • professional pursues professional/commercial actitvities in – directs them to • country where consumer has habitual residence • contract within scope of such activities

  14. Regulatoryframework • Regulation 593/2008 • Lawapplicabletocontractualobligations • Art. 6 – consumer contracts • choice of law-clauses are allowed • But: maynotdepriveconsumer of protectionaffordedtohimbyprovisionthatcannotbedoragated form by agreement  Provisions of the lawwhichwould have been applicable in case of absence of choice (see: art. 6, 1°

  15. Regulatoryframework • Regulation 593/2008 • Lawapplicabletocontractualobligations • Art. 6 – consumer contracts • Ifconditionsforprotectionnotfulfilled  lawapplicableto ‘consumer contract’ determinedpursuantto • art. 3 : freedom of choice • art. 4: applicablelaw in the absence of choice

  16. Alpenhof-case

  17. Alpenhof-case • C-144/09 December 7, 2010 • Art. 15 Regulation 44/2001 • Facts • Interpretation of notion ‘directing activities to’ in an online context

  18. Concludingremarks

  19. Concluding remarks • C-144/09 December 7, 2010 • Art. 15 Regulation 44/2001 • Facts • Interpretation of notion ‘directing activities to’ in an online context

  20. questions & remarks Bertel De Groote University College Ghent Faculty of Business Administration and Public Administration Bertel.DeGroote@hogent.be

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