The domestic jurisdiction and the applicable law in the provision of electronic services by entrepreneurs in the Member States of the European Union and in the United Kingdom

Abstract

The main purpose of this article is to answer the question of how, in accordance with currently applicable law, to correctly determine the domestic jurisdiction and the applicable law in the event of pursuing claims for non-performance or improper performance of the obligation during providing electronic services by entrepreneurs in the Member States of the European Union and the United Kingdom. This essay uses a division into contractual relations between entrepreneurs and contractual relations between entrepreneurs and consumers, which has its justification in connection with the subjective scope of the relevant regulations regulating this issue. This study focuses on discussing the regulations contained in Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), Regulation (EC) No. 864 of the European Parliament and of the Council /2007 of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) and Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil matters and trade (Brussels I). The thesis of the article is the assumption that the current regulations satisfactorily take into account the interests of consumers as the weaker party to the legal relationship. The possibility of choosing the national jurisdiction and the applicable law in the case of contracts between entrepreneurs for the provision of electronic services is positive and corresponds well with the principle of freedom of economic activity and the principle of freedom to conclude contracts was evaluated positively. This solution corresponds well with the principle of freedom of economic activity and the principle of freedom to conclude contracts. This article also refers to the jurisprudence of the European and Polish courts regarding the issue of establishing domestic jurisdiction and the choice of applicable law. The study also discusses notions relevant to its subject, such as national jurisdiction, jurisdiction of the court, directing activities, providing electronic services.