Activities of Josef WEIDENHOLZER related to 2016/0152(COD)
Plenary speeches (1)
Geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment (debate) DE
Amendments (2)
Amendment 134 #
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not affect acts of Union law concerning international private law and, in particular, judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25, including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. __________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 420 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Jurisdiction 1. In order to ascertain whether a trader offering his or her activities on his or her own website or on an intermediary’s website can be considered to be a trader directing his or her activity at the Member State of residence of the consumer within the meaning of Article 17 of Regulation (EU) No 1215/2012, it should be assessed whether, even before the conclusion of a consumer goods contract, it emerges from the content of the corresponding website and the overall activity of the trader that the trader is directing his or her business activity at consumers resident in one or more other Member States. 2. The following criteria, the list of which is not exhaustive, are capable of constituting evidence from which it may be concluded that the trader’s activity is directed at the country of residence of the consumer: the international nature of the activity, the description of itineraries from other Member States to the place where the trader is established, the use of a language or a currency other than the language or currency generally used in the Member State in which the trader is established with the possibility of making and confirming the transaction in that other language, mention of telephone numbers with an international code, outlay of expenditure on an internet referencing service in order to facilitate access to the trader’s site or that of his or her intermediary by consumers domiciled in other Member States, use of a top-level domain name other than that of the Member State in which the trader is established, and mention of an international clientele composed of customers domiciled in various Member States. 3. When assessing whether these criteria for the directing of activity are met in individual cases, the deciding factor cannot be solely that the trader’s website or that of his or her intermediary is accessible for consumers resident in another Member State.