Private International Law and the Internet

31.10.2013 - E-commerce, online consumer contracts

B2B online contracts

Dear colleagues, in this lecture we will start the topic of electronic commerce from the point of view of private international law. Aim of this lecture is to analyze online B2C online contracts and electronic conracting. We will discuss regulations Rome I and Brussels I.

Literature

I would like to ask you to bring to the lecture following legal norms:

  • Regulation Brussels I (Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters)
  • Regulation Rome I (Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations)

Compulsory reading:

  • Ulrich Magnus, Peter Mankowski. Brussels I Regulation. München : Sellier. European Law Publishers, 2012 (chapters on Arts. 2 and 5/1), available on books.google

Recommended reading:

Presentation

Homework - group presentation for next week (7 November 2013)

I would like to ask first group of three students to prepare presentation on jurisdiction in consumer contracts under Brussels I Regulation and its application. Your presentation should focus on:

  • Judgment of the Court of 7 March 1995, Fiona Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA, Case C-68/93.
  • Judgment of the Court (Grand Chamber) of 25 October 2011, eDate Advertising GmbH v X (C-509/09) and Olivier Martinez and Robert Martinez v MGN Limited (C-161/10), Joined cases C-509/09 and C-161/10.