Abstract
Online-shopping is an integral part of modern life. More than ever before consumers buy goods over the internet rather than going to their local retail store. The by far most popular and most successful online-shop is Amazon, an American company that sells basically everything from books and DVDs to baby and beauty products to musical in-struments and gourmet food. Both in terms of total sales and market capitalization Amazon is the largest internet-based retailer in the world. In Europe, Amazon operates its online-shop through a subsidiary incorporated in Luxembourg which targets consumers from all over Europa via various websites in various languages under various top-level domains (eg amazon.de, amazon.fr, amazon.it, amazon.es). It naturally follows that the vast majority of contracts concluded by Amazon in Europe are international, cross-border consumer contracts which, in turn, give rise to a myriad of choice-of-law questions. In the above mentioned judgment the ECJ had the chance to answer three of them, including one that has troubled courts and academics for a long time: May choice-of-law clauses be unfair in the meaning of the Unfair Terms Directive? …
Ruhl, Giesela, The Unfairness of Choice-of-Law Clauses, Or: The (Unclear) Relationship of Art 6 Rome I Regulation and the Unfair Terms in Consumer Contracts Directive (January 15, 2018). Common Market Law Review 55 [2018] pp 201-224.
First posted 2018-07-03 05:10:37
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