Aplicarea criteriului direcționării activității profesionistului în lumina noului Regulament privind prevenirea geoblocării
The Applicability of the Directness Criterion in the Light of the New Regulation No. 2018/302 on Addressing Unjustified Geo-blocking

Summary/Abstract: The practice of geoblocking in the European Union indicates blocking the acces of users from certain member states to products or services offered by traders from other member states by restricting the online websites based on the geographical location of the users. The European Union adopted the Regulation no. 2018/302 with the purpose of preventing geoblocking practices in online sales, stating, inter alia, the obligation of the traders to offer unrestricted acces to the products and services, to not redirect the costumers, without their consent, to other websites created for the member state of the consumer, to offer the same general conditions of acces and not to discriminate on reasons related to payment. These provisions, even if substantial in nature, can interfere with the procedural rules for establishing international jurisdiction. On this matter, we consider the Brussels I bis Regulation, which contains special protective provisions in what concerns contracts concluded with the consumers, that come into place when the trader directs his activities to the consumer’s member state. This study aims to establish if and in what way the targeting criterion is affected by the implementation of the obligation to offer general acces to costumers from all member states.

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