O conceito de «Actividad Dirigida» inscrito no artigo 15.º, numero 1 alinea c). Do Regulamento «Bruxelas I» e a Internet: subsidios do Tribunal de Justiça por ocãsiao do acórdão Pammer/Alpenhof

Abstract

Inter alia, the joint ruling issued by the EUCJ on 7th December 2010 addressed the applicability of Article 15(1)(c) of Regulation EC No 44/2001 («the Brussels I Regulation») vis-à-vis the use of web sites. In particular, the Court was summoned to clarify whether, in order to justify a finding that an activity is being «directed» within the terms of the aforesaid Article, it is sufficient that a website of the party with whom a consumer has concluded a contract can be consulted on the internet. The Court answered in the negative. Further, the Court catalogued a number of factors designed at helping national courts determine whether a business is directed towards consumers in other European states. This annotation provides for a detailed review and a critical analysis of the EUCJ’s decision.