El criterio del International Stream-of-Commerce y los foros de competencia en materia de contratos electrónicos celebrados con consumidores

Abstract

In electronic contracting the consumer can activate the protection provided for in article 15.1 (c) of Regulation 44/2001 and sue before his courts to the service provider subject to compliance with the criterion of the International Stream-of-Commerce. This paper analyzes the approach to this criterion carried out by both U.S. jurisprudence as of the ECJ with different results. While the recent U.S. Supreme Court doctrine in Nicastro and Goodyear affairs has limited its application for considering it to be too expansive, the ECJ in its judgment Pammer and Alpenhof has taken one further step to define the indications that accredit when a service provider website has directed its activity to the Member State of the consumer’s domicile and clearly bet for the jurisdiction of the forum actoris in electronic contracting B2C.