[Random-bits] Brussels regulation on jurisdiction

[James Love]

---------- Forwarded message ----------
Date: Tue, 26 Sep 2000 10:23:41 +0200
From: Ursula Pachl <ursula.pachl@beuc.org>
Reply-To: tacd-ecommerce@oneworld.org
To: "'tacd-ecommerce@oneworld.org'" <tacd-ecommerce@oneworld.org>
Subject: Brussels regulation on jurisdcition

Finally some good news on the jurisdiction issue, at least on a European
level:
 
Last week the Parliament - after more than one year of struggle between
industry and consumer interests..- confirmed the basic principle that
the consumer has the right to take legal action in his home country in
case of cross-border transactions, including e-commerce .

All the "bad" amendments that the Parliament's lead Committee (the Legal
Affairs Committee) had recommended - mainly on the initiave of MEP Ana
Palacio, who represents the EU today at the GBDe in Miami on the
Consumer Confidence Roundtable (!) - , were rejected, including the
amendments which would have permitted businesses to use choice of
jurisdiction clauses in consumer contracts.  The EPP (Peoples Party) ,
which holds the majority in the Parliament, supported this approach, but
finally was not successful.

The text as adopted by the Parliament is not very good, but most
importatn is that it does support the "consumers-can -sue in -their
-home-country -principle" and makes it clear that a consumers' agreement
to submit a dispute first to an ADR may not deprive him/her from going
to court in his/her Member State.

A provisional version of EPs opinion can be found at:  
http://www3.europarl.eu.int/omk/omnsapir.so/calendar?APP=DOC&TYPE=PV2&FILE=p
000-09-21en.doc&LANGUE=EN

Under the applying procedure the Parliament is only consulted and the
final word is with the Council now. Council always supported the
original consumer-friendly proposal and we are therefore optimistic that
the the regualtion will soon be adopted without significant changes.


Ursula Pachl Legal Advisor BEUC, The European Consumers' Organisation