login
login
Image header Agence Europe
Europe Daily Bulletin No. 7848
Contents Publication in full By article 29 / 58
GENERAL NEWS / (eu) eu/electronic commerce

Criticisms over draft revision of Brussels Convention

Brussels, 23/11/2000 (Agence Europe) - A Group of European industrialists, which was joined by the European Committee of the American Chamber of Commerce in Belgium, challenges the proposal by the European Commission aiming to review the Brussels Convention over its legal competence in civil and commercial matters. The industrialists consider that "the approach of the Commission could damage the development of electronic commerce in Europe". Their criticisms mainly concern the criteria for choice of the competent jurisdiction adopted by the Commission, namely the consumer's place of residence. They feel that due to the development of mobile electronic commerce, it will be increasingly difficult for the seller to determine the residence of the consumers, who access the web site through a mobile telephone. "The machine is not always registered in the consumer's State, and an obligation to move in this direction would be impossible to achieve" they argue. They hope for the inclusion, instead of the rule of residency, the possibility for the consumer to personally chose the place of jurisdiction in the contract. The industrialist also note that the revision proposed by the Commission could go against the future Hague Convention, which foresees the determination of jurisdictional competence in relation, not only to residency, but especially by taking into account the terms of the contractual relationship between seller and consumer.

Contents

THE DAY IN POLITICS
GENERAL NEWS
ECONOMIC INTERPENETRATION