header-logo header-logo

Sellers beware

14 March 2014 / Charlotte Eccles , John Doherty
Issue: 7598 / Categories: Features , Commercial
printer mail-detail
web_doherty_eccles

When will EU businesses be regarded as having “directed” their business activities to consumers in another member state, ask John Doherty & Charlotte Eccles

Within the EU, jurisdiction is generally based on the defendant’s domicile. As with any good rule, however, many exceptions apply.

Art 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I) provides that in certain contractual circumstances, a consumer may elect to sue a business in either:

  • the member state where that business is domiciled (as per the general rule);
  • or the member state of their own domicile.

According to Art 15(1), the consumer’s right to elect arises for contracts: (a) for the sale of goods on instalment credit terms; (b) for a loan or any other form of credit to finance the sale of goods; or, in all other cases; (c) concluded with a person who pursues commercial or professional activities in the member state of the consumer’s domicile

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll