OUT-LAW Update on the status of the
Regulation in this news story: The Brussels Regulation was adopted
on 22nd December 2000 and is due to enter into force on 1st March
2002. Its full title is "Jurisdiction and Recognition and
Enforcement of Judgements in civil and commercial matters." This
update was written on 31/01/2000.The move follows a decision by the European Parliament to
convert a convention on the recognition and enforcement of court
judgements into a Regulation while at the same time updating some
of its provisions.
Leonello Gabrici, a Commission spokesman, said: “A lack of
consumer confidence is the main thing holding up the development of
e-commerce.” The Commission’s view is that removing the fear from
consumers of needing to sue abroad in the event of a dispute should
boost their confidence.
However, there has been a split between industry and consumer
representatives. Industry groups argue that the new approach will
discourage companies from trying to set up EU-wide e-commerce
sites. Consumer groups argue without the new law there is a denial
of justice as consumers cannot be expected to incur the cost of
suing abroad.
EU businesses will have to choose which countries they are
targeting and comply with the laws of these countries. If
approached by a consumer in a country they do not target because of
incompatible laws, they must refuse to enter into a contract with
that consumer to avoid potential liability under the Regulation in
the event of a dispute.
