Consumer contracts in European private international law: The sphere of operation of the consumer contract rules in the Brussels I and Rome I Regulations

Abstract: The effect of the Brussels I Regulation and more recent Rome I Regulation (which will enter into force on December 17, 2009) is to allow consumers, in a considerable number of cases, to sue in their home state courts and with reference to their national law. This article examines the conditions which must be satisfied for the consumer protection rules to apply. It therefore analyses the new requirement in Art.15(1) of the Brussels I Regulation and Art.6(1) of the Rome I Regulation that the supplier must pursue commercial activities in the consumer’s country or direct his activities towards it, together with the additional requirement that the contract must fall within the scope of such activities.