Assignment 3 – E-commerce law 2019-2020
Upload deadline: Friday 8 May 2020, 13:00
One upload per team
Mention the names of the team-members at the top of the page
300 to max 600 words
Graded, counts for 15% of the final grade
1. If a consumer buys something via an intermediary platform such as Ebay or Amazon consumer protection legislation does not always apply to the online sale. Why is that?
2. See: CJEU 9 November 2016, C-149/15, ECLI:EU:C:2016:840 (Wathelet):
The Wathelet-case is about a consumer (Sabrina Wathelet) who buys a car in a professional garage (Garage Bietheres). After the sale the buyer discovers that the garage was in fact acting as an intermediary and not as the seller and this affects the buyers’ rights under the sales contract. According to the CJEU, under what circumstances could the intermediary be considered liable as the seller and what circumstances does the court consider relevant for the assessment of a particular case?
3. In par 2(d) of the article ‘The Rise of the Platform Economy: A New Challenge for EU Consumer Law?’ the authors note that suppliers may need protection against the economic power of dominant intermediary platforms, for example against the use of clauses that prohibit multi-homing and so called best price-clauses.
Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.186.01.0057.01.ENG&toc=OJ:L:2019:186:TOC) aims to ensure that business users of online intermediation services are granted appropriate transparency, fairness and effective redress possibilities.
- Which articles of Regulation 2019/1150 address the terms and conditions of providers of online intermediation services?
- Does Regulation 2019/1150 address the issue raised by the authors (clauses that prohibit multi-homing and best price-clauses) and if so how?
- Summarize in your own words the regulatory approach of Regulation 2019/1150 towards terms and conditions of online intermediation services. This means you should not copy-paste the content of the articles, but read them and (shortly) summarize in your own words how the articles regulate the terms and conditions. Can a common core in the approach of these rules be identified?
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