Podcast
Questions and Answers
What is the concept of 'forum shopping' in legal terms?
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?
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?
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?
Why is there a need for harmonization of jurisdiction and conflict rules?
What may happen if Selma and Sebastian's business is involved in a legal matter?
What may happen if Selma and Sebastian's business is involved in a legal matter?
What is one consequence of every court applying its own conflict rules?
What is one consequence of every court applying its own conflict rules?
If a court's international jurisdiction is affirmed, what is the next step concerning applicable laws?
If a court's international jurisdiction is affirmed, what is the next step concerning applicable laws?
What challenge does the concept of conflicting decisions pose in the legal system?
What challenge does the concept of conflicting decisions pose in the legal system?
What must a consumer do in the event of contract termination?
What must a consumer do in the event of contract termination?
What is true regarding the nature of warranty rules in B2C transactions?
What is true regarding the nature of warranty rules in B2C transactions?
In the context of a seller seeking redress, what right do they possess?
In the context of a seller seeking redress, what right do they possess?
How does the general warranty regime under the ABGB compare to the VGG?
How does the general warranty regime under the ABGB compare to the VGG?
What is a limitation of the general warranty regime for buyers?
What is a limitation of the general warranty regime for buyers?
What does the general warranty regime not favorably address compared to B2C contracts?
What does the general warranty regime not favorably address compared to B2C contracts?
What could be considered contrary to public policy in the context of warranty rights?
What could be considered contrary to public policy in the context of warranty rights?
What is a critical factor affecting the remedies available in the general warranty regime?
What is a critical factor affecting the remedies available in the general warranty regime?
What must a consumer do to begin a contract before the 14-day withdrawal period lapses?
What must a consumer do to begin a contract before the 14-day withdrawal period lapses?
Why is the confirmation of information on a durable medium important in consumer contract law?
Why is the confirmation of information on a durable medium important in consumer contract law?
Which of the following is typically not considered a durable medium?
Which of the following is typically not considered a durable medium?
What could be the consequence for a business if it forgets to obtain express consent from a consumer?
What could be the consequence for a business if it forgets to obtain express consent from a consumer?
What constitutes a durable medium according to consumer contract law?
What constitutes a durable medium according to consumer contract law?
Which scenario allows a business to avoid redistributing previously shared information?
Which scenario allows a business to avoid redistributing previously shared information?
Under what conditions does a consumer lose the right of withdrawal?
Under what conditions does a consumer lose the right of withdrawal?
What does a sophisticated website require to be considered a secure durable medium?
What does a sophisticated website require to be considered a secure durable medium?
What is the primary purpose of the CISG?
What is the primary purpose of the CISG?
Under which conditions does the CISG apply?
Under which conditions does the CISG apply?
What key aspect of consumer protection is retained despite the choice of applicable law?
What key aspect of consumer protection is retained despite the choice of applicable law?
What does the CISG specifically not govern?
What does the CISG specifically not govern?
What is required for parties to opt out of the CISG when choosing applicable law?
What is required for parties to opt out of the CISG when choosing applicable law?
What is one of the duties of online retailers based on consumer protection laws?
What is one of the duties of online retailers based on consumer protection laws?
Which statement is true regarding commercial sales under the CISG?
Which statement is true regarding commercial sales under the CISG?
What happens if a business chooses Austrian law for a contract governed by the CISG?
What happens if a business chooses Austrian law for a contract governed by the CISG?
What is the minimum notice period required before implementing changes to terms and conditions for business users?
What is the minimum notice period required before implementing changes to terms and conditions for business users?
Which of the following must be communicated using a durable medium according to the P2B Regulation?
Which of the following must be communicated using a durable medium according to the P2B Regulation?
What happens to non-transparent terms and conditions under the P2B Regulation?
What happens to non-transparent terms and conditions under the P2B Regulation?
What aspect does the P2B Regulation address regarding the treatment of business users?
What aspect does the P2B Regulation address regarding the treatment of business users?
What type of mechanisms does the P2B Regulation introduce for handling complaints?
What type of mechanisms does the P2B Regulation introduce for handling complaints?
What is the primary focus of competition law as described in the content?
What is the primary focus of competition law as described in the content?
From which sources is competition law partially derived?
From which sources is competition law partially derived?
Which term best describes the regulation that focuses on transparency and redress mechanisms?
Which term best describes the regulation that focuses on transparency and redress mechanisms?
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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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