Internet Auctions and Harmonization. A comparison between Italy and Germany

Abstract

The aim of this article is to demonstrate how harmonization of private law especially in the field of European Directives on E-commerce and distance contracts is working in the market of Internet Auctions where parties are contracting without intermediaries. The authors have chosen the topic of Internet Auctions because it is a very important modality to sell goods through the Internet, easily crossing borders of national sovereignty. First of all, the authors give an overview over the existing Internet Auction models and the way of concluding contracts in such an Auction. Then, they provide an overview over the relevant European Directives in the field of Internet Auctions, the implementation of the Directives in the different national legal systems and the related national case law.Several differences between Italy and Germany are highlighted. One of these differences is the way to solve disputes between consumers: in Germany, these disputes are decided by courts while in Italy the solution is found through Alternative Dispute Resolution. Despite all the differences, several similarities are identified, like the desire to monitor transactions in E-commerce. In the end, each system can benefit from the results found in the other.