出版社：Brigitte Lurger, Elisabeth Staudegger, Stefan Storr
其他摘要：On the causal link between ‘directing activities (at the consumer’s State)’ and the consumer’s conclusion of the contract with respect to Article 17.1 (c) Brussels I Regulation The debate on the protection of consumers in cross-border settings has flared up repeatedly since the introduction of the consumer protection rules of the Brussels I and Rome I Regulations. Whilst in the past consumer protection had not often been prioritised and the CJEU had insisted on strict interpretations to the consumers’ detriment,1 and though since then a middle road between the interests of the entrepreneur and the consumer has been sought,2 it seems that the pendulum has now swung back the other way again. According to the CJEU’s latest judgment in C-218/12 Emrek/Sabranovic, in all cases where an entrepreneur concludes a contract with a foreign consumer, this falls under the adjudicatory jurisdiction of the consumer’s domicile, even if the entrepreneur’s marketing activity in the consumer’s state was not causally relevant for the eventual conclusion of the contract.
关键词：Conflict of Laws; International Procedure; Adjudicary Jurisdiction; Consumer Law;
