Record Detail

In Amazon the CJEU decided which conflict rules applied to a claim incollective proceedings that was initiated by a consumer organization to prohibitallegedly unfair terms contained in the general terms and conditions of a seller. Theterms were used in electronic b2c contracts, where the seller targeted consumers intheir home country. The CJEU distinguished between the conflict rule concerningcollective action, Article 6(1) Rome II, and the conflict rule concerning the fairnessof the term, Article 6(2) Rome I. In addition, the CJEU introduced a new test toassess the fairness of a choice-of-law term under Directive 93/13 on unfair contractterms. In the note, it is argued that the CJEU’s distinction between those two conflictrules is unnecessary and that the test that the CJEU formulated to assess whether achoice-of-law term is unfair, is less favourable to the consumer than the testsformulated in prior decisions