Jurisdiction in B2C E-Commerce Dispute within European Union

Abstract

E-commerce jurisdiction has always 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 as to where a court action should be brought in. 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 reviews 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.