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Fairness of Amazon’s standard consumer terms of sale considered by CJEU


The CJEU gave judgment, on 29 July 2016, on questions concerning the application of the Rome I and II Regulations, the Directive on unfair terms in consumer contracts and the Directive on data protection. The questions arose in a reference arising in proceedings where the Austrian Consumer Association seeks an injunction against Amazon concerning the alleged unfair use of a choice of law clause in Amazon’s consumer contracts whereby Luxembourgish law is deemed to apply.

The Court held that Rome II applied to determine the law applicable to the injunction, given that it was a non-contractual matter, and that Rome I applied to determine the law applicable to the assessment of the fairness of the contractual term itself. It also gave guidance to the assessment of fairness of such a term under Article 6(2) of Rome I and under Article 3(1) of the Directive on unfair terms in consumer contracts.

The judgment is also one of the first to consider the Directive on injunctions for the protection of consumers’ interests.

The judgment appears here.

Margaret Gray appeared for the United Kingdom Government.