Refusals to Serve Consumers Because of Their Nationality or Residence - Distortions in the Internal Market for E-Commerce Transactions? Briefing Note for the European Parliament
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Titel:
Refusals to Serve Consumers Because of Their Nationality or Residence - Distortions in the Internal Market for E-Commerce Transactions? Briefing Note for the European Parliament
Anmerkungen:
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments January 2007 erstellt
Beschreibung:
A Single European Market - Fewer barriers, more opportunities - that is Europe's promise to its citizens. According to the European Commission, the single market is all about bringing down barriers and simplifying existing rules to enable everyone in the EU to have direct access to 25 countries and 450 million people. The internet brings the accomplishment of this promise closer than ever into the reach of Europe's consumers. The internet is principally borderless, it connects consumers and businesses across Europe, it decreases transaction costs and the costs for delivery, and it facilitates the comparison of a wide range of services throughout Europe. Thanks to the internet, consumers can shop for the most attractive services and goods within Europe without ever having to leave their room. Yet, when surfing for attractive services throughout Europe, consumers also have the frustrating experience that the internet is not as borderless as they thought. Notwithstanding the principally borderless character of the internet, they find that some e-commerce businesses have actually re-introduced territorial barriers through technology. Strategies range from the plain refusal of access for residents or citizens from other member states to the application of different prices and conditions. The goal of this briefing paper for the European Parliament is to give a first overview of the motives of e-commerce businesses to engage in territorial differentiation, to examine the existing legal situation within Europe and whether there is a need for reforms. Of particular interest in this context is the recently adopted Article 20 of the Services Directive. This is the most relevant existing European provision when it comes to dealing with cases of service providers who refuse consumers access to their services because of the consumer's nationality or residence