Clauza de prorogare a competenţei jurisdicţionale în contractele electronice cu consumatorii: între autonomie contractuală şi protecţie jurisdicţională

Petra Cornelia MARINESCU

ABSTRACT

The paper examines the legal regime governing jurisdiction clauses in electronic contracts concluded between consumers and professionals, with particular reference to the application and interpretation of Articles 17-19 of Regulation (EU) No. 1215/2012 (Brussels I bis). In the context of accelerated digitalisation and the widespread use of click-wrap agreements, the study highlights the legal risks stemming from the structural imbalance between parties and the challenges associated with obtaining consumers’ free and informed consent.

The analysis underscores the role of the Court of Justice of the European Union in shaping the validity criteria of forum selection clauses and their interaction with public policy norms aimed at consumer protection and the prohibition of unfair terms. The paper provides an...