ECJ - Judgment of 16.10.2008, Bundesverband / Deutsche internet versicherung AG, C-298/07 «Electronic commerce - Internet service provider - electronic mail» — The services providers in the information society.
Keywords:
Community Law, Directive 2000/31, Electronic commerce, Internet service provider, consumer information, direct and effective communication, electronic mail.Abstract
This article analyzes Article 5.1 c) of the Directive on electronic commerce in the light of the European Court of Justice Case Law in Deutsche internet versicherung AG. The service provider is required to supply to recipients of the service, before the conclusion of a contract with them, its electronic mail address, as well as other information which allows the service provider to be contacted rapidly and communicated with in a direct and effective manner. The Directive expressly refers to electronic mail as the most appropriate means of communication and to appears more consistent to achieve that goal but does not preclude national laws also impose other requirements. This may lead to differing national laws and provide for different obligations in the field of pre-contractual information service providers must make available to users. However, when the service provider manages to reach the objective set out in the Directive with the measures proposed by its national legislation will be sufficient to allow the company to develop its activities in all EU Member States and the host can not claim their specific mandatory rules of consumer protection to prevent the service in its territory.Downloads
Published
2011-03-04
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Section
CASE LAW COURT OF JUSTICE OF THE EU
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