Naslov
Cross-border consumer disputes in line with CJEU ruling in Verein für Konsumenteninformation v Amazon EU Sàrl

Autori
Župan, Mirela

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Economic and Social Development: 22nd International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World” : Book of Proceedings / Cingula, Domagoj ; Radić, Željko ; Rončevćc, Ante ; Yongqiang, Li - Varaždin : VADEA, 2017, 96-106

Skup
22nd International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World”

Mjesto i datum
Split, Hrvatska, 29.06.2017. - 30.06.2017

Vrsta sudjelovanja
Ostalo

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
applicable law ; consumer ; online sales contract ; data protection

Sažetak
Recent cross-border consumer dispute brought before CJEU opened to discussion a number of interesting issues. Main aspects of Verein für Konsumenteninformation v Amazon EU Sàrl of 28 July 2016 ruling relate to applicable law rules to be applied to online sales contacts concluded with consumers resident in other Member States. In the case brought before the CJEU in Luxembourg consumers resident in Austria challenged the operating mechanism of the Amazon EU. Amazon EU is a company established in Luxembourg, with no registered office or establishment in Austria. Amazon EU is offering online sales to Austrians under the domain name with the extension .de. General terms and conditions of such sales contracts contain a choice-of-law clause in favour of application of the law of the Member State in which the company was established. CJEU had to set which law is to be applied for determination of the applicable law for assessing the unfairness of terms in those general terms and conditions in an action for an injunction. CJEU therefore had to delimitate between the substantive scope of application of the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) and Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II). Moreover, a claim in regards the processing of personal data of consumers and relevant applicable law was posted, in relation to application of the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995. This paper would tackle upon academic and practical aspects of the CJEU resolution to this case.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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