engleski

Determining Locus Solutionis in Contractual Disputes on the Internet

International jurisdiction for contractual disputes on the EU level is regulated by the Brussels I bis Regulation. The respective instrument confers international jurisdiction to courts of the Member State in which the obligation in question is to be performed (Art. 7(1)(a)). The place of performance is concretised as the place of delivery and place of provision of services if the contract at issue is sale of goods or provision of services, respectively (Art. 7(1)(b)). It follows that the internet context becomes relevant when goods or services are to be delivered or provided online. The author will argue that those cases can either be characterised as provision of services or other contracts which, for the purpose of the Brussels I, fall into the ambit of general provision on establishing jurisdiction in matters relating to contracts (Art. 7(1)(a)). They cannot be qualified as sale of goods due to the nature of goods which may be acquired online and intellectual property issues necessarily involved. The aim of this paper is to propose a manner in which the provision at issue should operate in contractual disputes on the internet, having regard of principles the Court of Justice of the European Union established interpreting that jurisdictional rule.

Brussels I bis Regulation, contractual disputes, international jurisdiction, internet

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