Article 5 of the Rome Convention on the Law Applicable to Contractual Obligations of 19 June 1980 and Consumer e-Contracts: The Need for Reform

Abstract

The Rome Convention of 19 June 1980 lays down rules relating to the designation of the law applicable to contractual obligations. In certain contractual relationships involving consumers and professionals, Article 5 of the Convention includes specific rules intended to protect consumers. Adopted at a time where the Internet had not yet entered our living rooms and affected our shopping patterns, the Convention is proving inadequate when it comes to protecting consumers entering into e-contracts. The recent introduction of the Green Paper (COM (2002) 654 final) on the conversion of the Convention into a Community instrument and its modernisation reinforces the debate on the necessary adaptation of Article 5 to the realities of e-commerce. This article focuses on some of the changes Article 5 requires in order to afford consumers a better protection in their dealings with retailers via the Internet.

Keywords: electronic commerce, consumers, consumer contracts, internet, Rome Convention, contractual obligations, EU