Aspecte privitoare la protecţia europeană a consumatorilor în contractele internaţionale de comerţ electronic

Rezumat

The active involvement of consumers in international electronic contracts and the absence of uniform substantive regulations increase the importance of private international law norms for their protection. At the European Union level, as regards both the international jurisdiction and the applicable law, the European legislator has established special and derogatory norms, clearly inspired by substantial objectives: facilitating the consumers’ access to justice and guaranteeing them the mandatory standard of protection established by the law of the State of their habitual residence. The intervention of these special norms depends however on the observance of particular conditions: the conclusion of a consumer contract, respectively the orientation of the professional’s activities towards the consumer’s State. Along with the interpretative judgments of the European Court of Justice, each of these conditions was associated with particular nuances; the article carefully reviews them, emphasizing their particularities in the context of e commerce and their impact for those concerned.