International Jurisdiction over Consumer Contracts

9 Pages Posted: 2 Oct 2017 Last revised: 14 Oct 2017

See all articles by Martin Fries

Martin Fries

University of Munich - Center for International Law

Date Written: September 30, 2017

Abstract

The Brussels Ia Regulation leaves businesses no feasible option for a choice of jurisdiction in cross-border B2C contracts. The recent judgment by the European Court of Justice in the Ryanair case confirms that the Court will not tolerate any attempts to circumvent the regulatory aim of effective consumer protection detailed in the Regulation. However, this consumer-friendly approach comes with some notable disadvantages that affect not only companies engaged in cross-border commerce, but the European Single Market as well. Innovations in procedural technology offer ways to cushion such drawbacks and relieve the pressure of assigning international jurisdiction to the domicile of one or the other contractual party.

Keywords: Brussels Ia Regulation, Rome I Regulation, International Jurisdiction, Choice of Jurisdiction, B2C, Employment Contracts, Consumer Protection

JEL Classification: K12, K20, K31, K33, K41, O31, O33

Suggested Citation

Fries, Martin, International Jurisdiction over Consumer Contracts (September 30, 2017). Available at SSRN: https://ssrn.com/abstract=3045776 or http://dx.doi.org/10.2139/ssrn.3045776

Martin Fries (Contact Author)

University of Munich - Center for International Law ( email )

Veterinaerstr. 5
Munich, Bavaria 80539
Germany

HOME PAGE: http://www.jura.uni-muenchen.de/personen/f/fries_engel_martin/index.html

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