Measures against unjustified geo-blocking: Regulation (EU) 2018/302 and its impact on European private international law rules

Abstract

The purpose of this study is to analyze the measures of Regulation 2018/320/EU against discriminatory practices based on nationality, place of residence or place of establishment in cross-border transactions within the internal market. In this particular context, the interaction of these measures with the European rules of private international law is addressed in order to delimit, on the one hand, the cases of contractual and non-contractual obligations in case of infringement of the prohibitions foreseen in the new Regulation, and, on the other hand, of the need to review the interpretation of the criteria that define the notion of activity addressed to the Member State of the domicile of the consumer in the meaning and purpose of the Regulation, which is to achieve the conciliation between the right of the customers not to be discriminated against for geographical reasons and the freedom of the traders to determine the geographical scope to which they direct their activities within the European Union.