Research Handbooks in European Law series
Edited by Peter Stone and Youseph Farah
Chapter 1: Internet transactions and activities
Although the Internet has now been available for use by the general public for about 20 years, it is only in the last few years that the European Court has begun to address questions of EU private international law which relate to obligations arising from transactions and activities conducted by means of the Internet. A substantial body of case-law in which the European Court has addressed such questions now exists. In this chapter the said case-law will be examined with a view to establishing general principles which may be applicable to questions not yet specifically addressed, and to identifying issues on which the position remains unclear. The principal EU legislative measures relevant to private international law in relation to Internet transactions and activities are the Brussels I Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters; the Rome I Regulation on the Law Applicable to Contractual Obligations; the Rome II Regulation on the Law Applicable to Non-contractual Obligations; and EC Directive 2000/31 on Electronic Commerce. The Brussels I Regulation deals with the international jurisdiction of the courts of the Member States to entertain proceedings brought before them, while the Rome I Regulation and the Rome II Regulation deal with the ascertainment of the law applicable by the courts of the Member States in the determination of the merits of a dispute.