Of rocks and hard stones for national courts – Villalon AG in Mühlleitner: No...
Villalon AG has opined in Case C-190/11 Mühlleitner [Opinion as yet not available in English]. Article 15 of the Brussels I ‘Jurisdiction’ Regulation, offers protective jurisdictional rules for...
View ArticleMühlleitner: To enjoy protection as ‘consumer’ contracts, contracts need not...
The Court of Justice has followed the Opinion of the Advocate General (on which I reported here) in Mühlleitner: Article 15(1)(c) of Council Regulation (EC) No 44/2001 of 22 December 2000 on...
View ArticleOn the latest round in preparing for jurisdiction review: the Parliament...
Readers of this blog will have noticed that one is getting quite excited about the impending review of the Brussels I Regulation, the Jurisdiction Regulation. I have previously reported on the impact...
View ArticleProve it if you can? E-commerce and jurisdiction: the ECJ further completes...
As tweeted last week, the Court of Justice has clarified the scope of the consumer title of the Brussels-I Regulation in Case C-218/12 Emrek. In Spicheren, a town close to the German border, Mr...
View ArticleDo single internet transactions lead to multiple jurisdictions for consumer...
In Case C-478/12 Maletic, plaintiffs (the Maletics) are domiciled in Bludesch (Austria), which lies within the jurisdiction of the Bezirksgericht Bludenz (District Court, Bludenz, Austria). They had...
View ArticleOf little birds, language, and choice of court in consumer contracts
I have reported elsewhere (In Dutch – I am hoping for some time at some point to write something similar in English; see in particular para 23) on the fact that the conjunctive ‘or’ has been dropped in...
View ArticleProposed EU e-commerce rules further reduce choice for consumer contracts.
I have referred repeatedly in the past to an inevitable attraction which some find in harmonising private, incuding contract law, in the Member States. The Common European Sales Law (CESL) proposal is...
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