The Brussels I Regulation Article 15.1c) - Whereto are Commercial or Professional Activities Directed through the Internet?
26 Pages Posted: 21 Feb 2007
This paper examines the Brussels I Regulation Article 15.1c) second alternative. The purpose of this paper is twofold.
First, the analysis questions how the scope of application ratione loci set out in Art 15.1c) by the autonomous expression "by any means, directs to" should be interpreted and applied in particular to the digital environment, with a specific view to commercial and professional activities carried out through websites. The aim is predominantly to discover crucial questions to see the content that is genuinely and ultimately at issue when interpreting Art 15.1c), and to be sensitive to the richness of the meaning of the terms employed in Art 15.1c) in relation to the problems of applicability to the "new" phenomena of the Internet.
Second, the analysis questions whether the amendments of the old concepts in the Brussels Convention Art 13, paragraph 3, was a successful and appropriate policy reconsideration for the Member States in the intra-Community legal order of the EU pursuant to the scope of application of Art 15.1c). The aim is predominantly to question whether Art 15.1c) ratione loci by the term "by any means, directs to" is constructed and elaborated in a new set of analysis, breaking through the old structure in order to think a new with a new vocabulary fit for the "new" phenomena of the Internet.
At the time of authorship in 2003, the critical questioning forwarded in this paper represented the author's attempt to initiate incentives for a critical revision of the Brussels I Regulation and the Lugano Convention, and for the current conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument. That critical questioning still remains relevant since, up to the present time, the European Court of Justice has not given any authoritative interpretations on how the scope of application ratione loci set out in Art 15.1c) by the autonomous expression "by any means, directs to" should be interpreted and applied in particular to the digital environment.
Keywords: International consumer jurisdiction, Comparative law, Digital media
JEL Classification: K12, K33, K41, O33, O34
Suggested Citation: Suggested Citation