Legal framework of “invitations to purchase” under european private international law

Abstract

The purpose of this paper is to study the content and scope of the concept of invitation to purchase from the Directive 2005/29/EC in European private international law. From the perspective of unfair competition law, its analyses the determination of the legal regime applicable to this form of advertising, the problems of characterization of legal actions based on Directive 2005/29/EC and the determination of the courts with jurisdiction in disputes relating to cases in which the required substantial information is not provided to the consumer. This paper also analyses the impact of the figure of the invitation to purchase in the field on contract law, in the light of the possible characterization of its content as a contractual offer, and not as mere invitation to offer.