INTERNET CASES IN EU PRIVATE INTERNATIONAL LAW—DEVELOPING A COHERENT APPROACH. Issue 3 (15th June 2017)

• Record Type: Journal Article
• Authors: Lutzi, Tobias
• Is Part Of: International and comparative law quarterly. Volume 66:Issue 3(2017)
• Page Start: 687
• Page End: 721
• Publication Date: 2017-06-15
• Subjects: centre of interests, -- conflict of laws, -- country of origin, -- EU private international law, -- internet, -- jurisdiction, -- mosaic approach; International law -- Periodicals; Comparative law -- Periodicals; 340.2
• DOI: 10.1017/S0020589317000240
• Languages: English
• ISSNs: 0020-5893

Abstract

Abstract: Internet communication has long been known to pose a challenge to private international law and its reliance on geographical connecting factors. This article looks at the problem from the perspective of EU private international law and argues that the way in which it has been accommodated by Regulations Brussels I, Rome I, and II conflicts with some of its central paradigms. It advances an alternative approach that would generally submit claims against information society service providers established in the EU to the jurisdiction and substantive laws of their 'country of origin' but make certain exceptions for private persons and consumers. The article argues that implementing such an approach would require little legislative change, be more faithful to the particularities of internet communication, and give greater effect to the central paradigms of EU private international law.