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14 March 2014 / Charlotte Eccles , John Doherty
Issue: 7598 / Categories: Features , Commercial
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Sellers beware

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When will EU businesses be regarded as having “directed” their business activities to consumers in another member state, ask John Doherty & Charlotte Eccles

Within the EU, jurisdiction is generally based on the defendant’s domicile. As with any good rule, however, many exceptions apply.

Art 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I) provides that in certain contractual circumstances, a consumer may elect to sue a business in either:

  • the member state where that business is domiciled (as per the general rule);
  • or the member state of their own domicile.

According to Art 15(1), the consumer’s right to elect arises for contracts: (a) for the sale of goods on instalment credit terms; (b) for a loan or any other form of credit to finance the sale of goods; or, in all other cases; (c) concluded with a person who pursues commercial or professional activities in the member state of the consumer’s domicile

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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