El concepto de actividad profesional «dirigida» al Estado miembro del consumidor: stream-of-commerce

Abstract

The art. 15.1.c) in fine of Regulation (EC) Nº 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters provides that the rules apply consumer protection (Articles 15 and 17 Regulation 44/2001) in cases where the employer by any means directs its business activities to the Member State of the consumer. The problem is determining which activities are directed to a specific country. The Judgment of The Court (Grand Chamber) of 7 December 2010 concludes that what matters is the intention of the employer to enter into a contract with the consumer if the national court to prove that there are some evidence for believing that the activity of the seller is «directed» to the Member State of the consumer´s domicile. The mere fact that consumers can access the seller’s website is insufficient.