Jurisdiction in B2C E-Commerce Redress in the European Community

摘要

E-commerce jurisdiction always has been an issue, because e-commerce exists in a borderless environment, and this e-environment diminishes the importance of physical location and locality. This imposes a great concern over which country's jurisdiction to engage when disputes occur between business and consumer in the e-environment. This is crucial when the consumer is seeking redress, as there is always the question where a court action should be brought. The current jurisdictions by the European Commission (EC) within the European Union (EU), the E-Commerce Directive — Country of Origin and Rome II — are still in the drafting process. These legislations are not the total solution. This paper is a review of the issue of current jurisdiction, whether there is a need to call for a single jurisdiction, and what complications arise when seeking redress in this borderless e-environment. This paper also raises important issues that relate to the gaps and loopholes that exist in Country of Origin and Rome II.