6 enforcement of the law

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Questions and Answers

What is the concept of 'forum shopping' in legal terms?

The process of appealing to a higher court after a decision

Selecting a court based on the language spoken by the judges

Choosing a court based on perceived advantages in jurisdiction rules (correct)

Distributing legal cases evenly among available courts

Under what circumstance may a court within the EU find itself with international jurisdiction?

If the issue at hand is a criminal matter

Only if the defendant is domiciled in a non-member state

When the matter arises from a contract with a consumer (correct)

When both parties are businesses registered in different EU member states

What regulation must a court in the EU refer to for establishing international jurisdiction?

The Geneva Convention

The Rome I Regulation

The Hague Convention

The Brussels I Regulation (correct)

Why is there a need for harmonization of jurisdiction and conflict rules?

To minimize the risk of conflicting decisions among different courts Signup and view all the answers

What may happen if Selma and Sebastian's business is involved in a legal matter?

They may be sued in another EU country despite not speaking the language Signup and view all the answers

What is one consequence of every court applying its own conflict rules?

It can result in divergent outcomes in similar cases Signup and view all the answers

If a court's international jurisdiction is affirmed, what is the next step concerning applicable laws?

The court determines which state's law applies to the issue Signup and view all the answers

What challenge does the concept of conflicting decisions pose in the legal system?

It may lead to confusion and inequity for claimants Signup and view all the answers

What must a consumer do in the event of contract termination?

Return the goods to the seller at the seller's expense. Signup and view all the answers

What is true regarding the nature of warranty rules in B2C transactions?

They are mandatory and cannot be escaped by traders. Signup and view all the answers

In the context of a seller seeking redress, what right do they possess?

The seller is entitled to pursue remedies against previous parties in the supply chain. Signup and view all the answers

How does the general warranty regime under the ABGB compare to the VGG?

The general warranty regime has shorter presumption periods. Signup and view all the answers

What is a limitation of the general warranty regime for buyers?

Parties may derogate from warranty provisions under certain conditions. Signup and view all the answers

What does the general warranty regime not favorably address compared to B2C contracts?

Explicit rules for the warranty of digital content. Signup and view all the answers

What could be considered contrary to public policy in the context of warranty rights?

Full waiver of warranty rights by the buyer for newly manufactured goods. Signup and view all the answers

What is a critical factor affecting the remedies available in the general warranty regime?

The type of goods involved in the contract. Signup and view all the answers

What must a consumer do to begin a contract before the 14-day withdrawal period lapses?

Make an express request or give consent Signup and view all the answers

Why is the confirmation of information on a durable medium important in consumer contract law?

It guarantees consumer awareness of terms after the contract Signup and view all the answers

Which of the following is typically not considered a durable medium?

Website display Signup and view all the answers

What could be the consequence for a business if it forgets to obtain express consent from a consumer?

Legal penalties or complications in contract enforcement Signup and view all the answers

What constitutes a durable medium according to consumer contract law?

A method allowing information storage for future reference Signup and view all the answers

Which scenario allows a business to avoid redistributing previously shared information?

If it was communicated on a durable medium before the contract was concluded Signup and view all the answers

Under what conditions does a consumer lose the right of withdrawal?

If they request immediate performance and are informed of withdrawal loss Signup and view all the answers

What does a sophisticated website require to be considered a secure durable medium?

A password-protected area that the business cannot change at will Signup and view all the answers

What is the primary purpose of the CISG?

To provide international uniform law for contracts of sale between businesses. Signup and view all the answers

Under which conditions does the CISG apply?

When the states involved are Contracting States or private international law refers to a Contracting State. Signup and view all the answers

What key aspect of consumer protection is retained despite the choice of applicable law?

Mandatory protections offered by the law of the consumer’s habitual residence. Signup and view all the answers

What does the CISG specifically not govern?

Personal injury claims arising from the sold goods. Signup and view all the answers

What is required for parties to opt out of the CISG when choosing applicable law?

A mutually agreed written notice stating the intention to opt out. Signup and view all the answers

What is one of the duties of online retailers based on consumer protection laws?

To acknowledge receipt of an order in a timely manner. Signup and view all the answers

Which statement is true regarding commercial sales under the CISG?

CISG governs only commercial transactions, excluding personal sales. Signup and view all the answers

What happens if a business chooses Austrian law for a contract governed by the CISG?

CISG remains applicable as it is part of Austrian law. Signup and view all the answers

What is the minimum notice period required before implementing changes to terms and conditions for business users?

15 days Signup and view all the answers

Which of the following must be communicated using a durable medium according to the P2B Regulation?

Changes to terms and conditions Signup and view all the answers

What happens to non-transparent terms and conditions under the P2B Regulation?

They are null and void. Signup and view all the answers

What aspect does the P2B Regulation address regarding the treatment of business users?

Transparency of ranking and differentiated treatment Signup and view all the answers

What type of mechanisms does the P2B Regulation introduce for handling complaints?

Mandatory internal complaint-handling systems Signup and view all the answers

What is the primary focus of competition law as described in the content?

To protect competition against market abuse Signup and view all the answers

From which sources is competition law partially derived?

Articles of the TFEU and domestic law Signup and view all the answers

Which term best describes the regulation that focuses on transparency and redress mechanisms?

P2B Regulation Signup and view all the answers

Study Notes

Jurisdiction and Conflict Rules

Each court applies its own conflict rules to determine international jurisdiction and applicable law.
This can lead to diverging outcomes and conflicting decisions, prompting claimants to engage in "forum shopping" for the most favorable conditions.
Jurisdiction may be affected by the location of defendants; consumers may face lawsuits in foreign jurisdictions, even if unaware of the language.
The Brussels I Regulation governs international jurisdiction within the EU, but exceptions exist for defendants not domiciled in a Member State.

The CISG (United Nations Convention on Contracts for the International Sale of Goods)

The CISG applies to cross-border sales contracts between businesses in different Contracting States.
It governs contracts primarily and is designed for commercial sales, excluding personal or household purchases.
Parties may opt out of the CISG, but merely choosing "Austrian law" does not suffice for this; CISG is integrated into Austrian law.
The CISG covers contract formation and obligations between sellers and buyers but not validity or liability for personal injury.

E-Commerce Law Duties

Online retailers must quickly acknowledge order receipts.
The FAGG outlines that consumers must give express requests to start service contracts before the 14-day withdrawal period to lose their rights to withdraw.
Information must be provided on a "durable medium," like paper or email, but not mere website displays.

Consumer Protection and Mandatory Nature of Rules

In B2C transactions, strict warranty rules apply, and traders cannot escape these obligations.
Sellers can seek redress from previous entities in the supply chain for non-conformity issues.
The general warranty regime under the ABGB applies to non-B2C contracts, offering less favorable terms to buyers compared to the VGG.

P2B Regulation Requirements

The P2B Regulation mandates full transparency in platform terms and conditions for business users.
Changes to terms must be communicated on a durable medium with a notice period of at least 15 days before implementation.
Non-compliance with transparency requirements renders terms null and void, affecting service provision for business users.

Competition Law (Antitrust Law)

Competition law protects the market from unfair practices, market restrictions, and the manipulation of market power.
It draws from Articles 101 and 102 TFEU, EU secondary law, and domestic legislation.
Ensuring fair competition is vital for smaller businesses against larger platforms.

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Description

This quiz explores the principles of international jurisdiction and the conflict of laws. Learn how different courts determine their authority and the applicable laws when addressing cross-border legal issues. Test your understanding of the forum's rules and the implications of jurisdictional differences.