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27 Oct 2000, Finland
Dr Ecommerce
Have there been any developments regarding the draft Regulation on Jurisdiction, Recognition and Enforcement of Judgments in Civil and Commercial Matters since the European Parliament gave its final version for a draft report about the Commissions draft Regulation, A5-253/2000, 18.9.2000?
Thank you
ML
Dear ML:
[Note: the issue at question here is a very important one for European e-commerce. The point of debate is whether, in the case of a dispute between an e-business and a consumer customer, should the case be brought before the courts of the business's country or the consumer's country. European Parliament and consumer groups argue in favour of the consumers country. The Commission, and I, argue in favour of the e-business's country.]
The European institutions are still fighting this issue out. The European Council has not made a decision and when they do, they must adopt it unanimously. In the meantime, it is hard to guess what the outcome will be. I have suggested that the issue decided by a Sumo wrestling bout between the presidents of the Commission and the Council. However, no one seems to take my idea very seriously.
In any event, the Commission, Council and Parliament all favour the promotion of alternative dispute resolution (ADR) (ie. out of court mediation) service regardless of the outcome. Indeed, ADR seems the only reasonable mediation system for disputes over comparatively small purchases, particularly in cross border transactions. So, expect ADR to be a growth area in Europe soon.
All the best,
Dr. Ecommerce