The Directing of Commercial Activities to the Member State of the Consumer’s Domicile Pursuant to Article 17(1)(C) of the Brussels I Bis Regulation
The Directing of Commercial Activities to the Member State of the Consumer’s Domicile Pursuant to Article 17(1)(C) of the Brussels I Bis Regulation

Author(s): Daniel Krtička
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation, Commercial Law
Published by: ADJURIS – International Academic Publisher
Keywords: accommodation contract; consumer protection; directing the trader's activities;
Summary/Abstract: The paper deals with the interpretation of the condition of "directing the activities" under Article 17(1) (c) of the Brussels I bis Regulation, the fulfillment of which will probably be the most common reason for the applicability of the consumer provisions of Section IV of that Regulation in practice. The article presents the relevant case law of the Court of Justice of the European Union, supplemented by expert opinions on the issue. It also includes an application case, which explores the research question of whether accommodation contracts concluded with Czech consumers through the platform operated by Booking.com can be considered contracts concluded under Article 17(1)(c) of the aforementioned Regulation. The analysis presents two possible solutions to the outlined question. In addition to the analytical method, synthesis and comparison are also used.

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