CONSUMER PROTECTION IN INTERNATIONAL
RELATIONS
I General Framework
Q1. Constitutional rules
There are no constitutional provisions on consumer’s protection in Norwegian law.
Q2. International and supranational rules
There are a lot of provisions on consumer protection that that have international origin. Due
to the EEA agreement 1, several EU directives are incorporated into Norwegian law. In Art 7
of the EEA Agreement it is stated:
Acts referred to or contained in the Annexes to this Agreement or in decisions of the EEA Joint Committee
shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows :
(a) an act corresponding to an EEC regulation shall as such be made part of the internal legal order of the
Contracting Parties;
(b) an act corresponding to an EEC directive shall leave to the authorities of the Contracting Parties the choice
of form and method of implementation.
Due to Art 72 of the EEA Agreement, Annex XIX of the Agreement contains provisions on
consumer protection.
1
•
Prices of products offered to consumers:
Decision No 113/98, EEA Supplement No 46, 28.10.1999. Entered into force
28.11.1998. Directive 98/6 EC. Norwegian Act No 12 5th of March 2004
(Competition Act) § 23.
•
Misleading advertising
Decision No 53/98 and EEA Supplement No 6, 4.2.1999. Entered into force
01.02.1999. Directive 84/450 EEC, later amended in directive 97/55 EC.
Norwegian Act No 47 of 16th of June 1972 (The Marketing Control Act) § 2 (5).
•
•
Contracts negotiated away from business premises, see
Protection of consumers in distance contracts
Decision No 15/98, EEA Supplement No 42. Entered into force 1.7.2000. Directive
No 97/7 EC. Norwegian Act No 46 of 25th of June 1999 (Financial Agreements
Act), No 105 of 21st of December 2000 (Distance Selling), No 106 of 21st of
December 2000 (Marketing Control Act) and Act No 31 of 14th of April 2000 (Act
on Personal Information).
Agreement between the Community, the EC Member States and the EFTA States from 17th of March
1993, (OJ No L 1, 3.1.1994)
2
•
Consumer credit
Decision No 122/98 and EEA Supplement No 50, 18.11.1999. Entered into force
19.12.1998.
Now replaced by Decision No 16/2009 and EEA Supplement No 16, 19.3.2009.
Will have effect from 12.05.2010. Entered into force 6.2.2009.
Directives 87/102 EEC as amended in Directive 97/8 EC. Norwegian Act No 82 of
21st of June 1985 (Credit Purchase Act).
•
Products which appear to be other than they are, endanger the health and safety
of consumers.
Directive 87/357 EEC. Norwegian Act No 79 from 11th of June 1976 (Product
Control Act).
•
Package travel, package holidays and package tours.
Directive 90/314/EEC. Norwegian Act No 57 of 25th of August 1995 (Package
Tours Act).
•
Unfair terms in consumer contracts
Decision No 7/94. Directive 93/13 EEC. Norwegian Act No 47 of 16th of June
1972 (The Marketing Control Act) and Act on Agreements No. 4 of 31 May 1918,
later amended by Law No. 1 of 6 January 1995.
•
Timeshare, long-term holiday products, resale and exchange contracts.
Decision No 18/95, EEA Supplement No 13, 13.4.1995. Entered into force
1.7.1997.
Replaced by Decision No 86/2009 EEA Supplement No is pending. This entering
into force is pending.
Directive 94/47 EC. Norwegian 37 of 13th of June 1997 (Timeshare Act).
•
Cross-border credit transfer
Decision No 1/98, EEA Supplement No 42, 8.10.1998. Entered into force
1.2.2000.
To be deleted with effect from 1.11.2009 by Decision No 114/2008, EEA
Supplement No 79, 18.12.2008. This entering into force is pending.
•
Injunctions for the protection of consumers’ interest
Decision No 121/1999, EEA Supplement No 60, 21.12.2000. Entered into force
1.7.2000. Later amendments.
Directive 98/27 EC. Norwegian Act No. 100 of 21 December 2001 relating to
amendments to the Marketing Control Act .
3
•
Sale of consumer goods and associated guarantees
Decision No 12/2000, EEA Supplement No 9, 22.2.2001. Entered into force
1.9.2000.
Directive 1999/44 EC. Norwegian Act No. 34 of 21 June 2002 on Sale of
Consumer Goods and Act No. 30 of 21 June 2002 amending the Marketing Control
Act No. 47 of 16 June 1972.
•
Cooperation between national authorities responsible for the enforcement of
consumer protection law
Decision No 92/2006, EEA Supplement No 52, 19.10.2006. Entered into force
1.6.2007.
•
Cooperation between national authorities responsible for the enforcement of
consumer protection laws as regarded mutual assistance
Decision No 88/2008, EEA Supplement No 64, 23.10.2008. Entered into force
5.7.2007.
•
Unfair business-to-consumer commercial practices
Decision No 93/2006, EEA Supplement No 52, 19.10.2006. Entered into force
pending.
•
Credit agreements for consumers
Decision No 16/2009, EEA Supplement No 16, 19.3.2009. Entered into force
6.2.2009.
•
Payment systems, in particular the relationship between the cardholder and card
issuer
Decision No 7/94.
•
Indication of the prices of foodstuffs and non-food products
Decision No 7/94.
•
Codes of practice in distance selling
Decision No 7/94.
4
•
Labelling of products in the interest of consumer
Decision No 7/94.
•
Prices of products prepacked in pre-established quantities
Decision No 7/94.
•
Consumer education in primary and secondary school
Decision No 7/94.
•
Consumer policy in the other common policies
Decision No 7/94.
•
Consumer safety
Decision No 7/94.
•
Consumer redress
Decision No 7/94.
•
Consumer participation in standadization
Decision No 7/94.
•
Out-of-court settlement of consumer disputes
Decision No 13/2000, EEA Supplement No 20, 12.4.2001. Entered into force
29.1.2000.
•
Out-of-courts bodies involved in the consensual resolution of consumer disputes
Decision No 160/2001, EEA Supplement No 13, 7.3.2002. Entered into force
19.01.2002.
•
Pre-contractual information by lenders offering home-loans
Decision No 84/2003, EEA Supplement No 51, 9.10.2003. Entered into force
21.6.2003.
5
II
Jurisdiction and judgement enforcement
Q3
Does your legal system contain specific provisions on jurisdiction regarded
to international consumer’s transactions?
In Norwegian law, there are special provisions concerning jurisdiction regarded consumers’
transactions in cases that are connected to the EEA area. In these cases, the Lugano
Convention Art 15-17 applies to consumer contracts. There is a new version of the Lugano
Convention dated 10.09.2007, and this entered into force 01.01.2010.
There is also a specific provision in the Norwegian Civil Procedural Act 2 § 4-5 (7) to be
regarded. In addition, there are some provisions limiting the consumer’s ability to enter
jurisdiction clauses, see for example the Timeshare Act § 4 and the Credit Purchase Act § 2
(2).
Q3a
What is the scope of application of such rules?
(i)
The case must be considered to be of a “civil or commercial matter”, see Art 1.
(ii)
The case must have connection to parties that come from a state which is a
member of the Lugano Convention. This means in practice that at least one of the
parties must come from Iceland, Lichtenstein, Norway or from an EU Member
state. Art 1 no 3 gives the definition of the term “State bound by this
Convention” meaning “any State that is a Contracting Party to this Convention or
a Member State of the European Community. It may also mean the European
Community”.
(iii)
One of the parties must be a “consumer”. Due to the Lugano Convention Art 15,
a contract is a consumer contract if it is “for a purpose which can be regarded as
being outside his trade or profession”. This is a definition which is parallel to the
Brussels I Regulation 44/2001 Art 15.
In general, the term “consumer contract” is defined as a contract concluded by a
person for a purpose that is regarded to be outside his trade or profession. See
2
Act No 90 of 17th of June 2005, in force from 1st of January 2008.
6
for example the wording used in the Norwegian Consumer Sales Act 3 2000 § 1.
Due to § 1, The Consumer Sales Act apply to those sales where the seller is
professional. This definition is based upon the Consumer Sales Directive.
(iv)
There is no definition of “international consumer transaction” or similar expression
in the Lugano Convention or in other Norwegian legislation elsewhere.
Q3b and c
Are forum selection clauses for international consumers’ transactions
allowed? How do these specific provisions on jurisdiction protect
consumers?
For those cases that are governed by the Lugano Convention (cases with a connection to the
EEA area), a forum selection clause is allowed only within the limits of Art 17 of the
Convention. The main rule, as stated in Art 16, is that a consumer may sue his/hers
counterparty either in the state where the counterparty is domiciled, or in the state where
the consumer is domiciled. A case against the consumer may only be filed in the state in
which the consumer is domiciled. A forum selection clause that deviates from the main rule
in Art 16 is only valid if it (i) has been entered into after the dispute has arisen, (ii) if it
allows the consumer to bring proceedings in courts other than those indicated in Art 15-17,
or (iii) the agreement is entered into when both parties at the time of conclusion of the
contract are domiciled or habitually resident in the same state.
For cases that fall outside the scope of the Lugano Convention (international transactions
that a Norwegian consumers enters into with a party from a state outside the EEA area),
there is a provision in the Norwegian Civil Procedure’s Act § 4-5 (7) cf § 4-6 (3) to protect
the consumer. It follows from § 4-6 (3) that a forum selection clause that limits the
possibility to go to court beyond that what is allowed due to §§ 4-4 and 4-5, must be written.
An agreement entered into before the dispute has arisen is not valid against the consumer.
Due to § 4-5 (7), a consumer can bring a case against the professional party at the place
where the consumer is domiciled. The provisions in the Norwegian Civil Procedure’s Act on
forum selection clauses in consumer cases are less detailed than the provisions in the
3
Act No 34 of 21st of June 2002.
7
Lugano Convention. The Civil Procedure’s Act § 4-5 (7) does not cover the situation where
the consumer is sued by the other party. In these cases it follows from § 4-4 that the
consumer can be sued where the consumer is domiciled. In principle, the other party may
also sue the consumer at the place of performance according to § 4-5 (2), but there is an
exception for disputes over money claim. As the consumer normally will be the party paying
money, this means that the consumer will not be sued under the place of performanceprovision.
Both the Lugano Convention Art 16 and the Norwegian Civil Procedure’s Act §§ 4-4 – 4-6
protect the consumer by giving the consumer permission to go to court in the state where
the consumer is domiciled. The provisions also protect the consumer by ensuring that the
consumer does not have to accept to go to court in a state where the consumer is not
domiciled if the other party files a proceeding against the consumer.
Q3d
Do these provisions include any particular reference to online consumer
transactions? In that case, how do the rules concerning online consumers’
transactions depart from the rules relating to international consumers’
transactions?
The provisions on protection of the consumers in connection to forum selection clauses do
not expressly have any reference to online consumer transactions.
Q3e and f
How are these specific provisions construed by judges in your
country? Please explain the judicial application of these provisions
See Q15 for a list of relevant case law concerning international consumers’ protection.
In general, the provisions of the Lugano Convention are interpreted by reference to the
parallel provisions in the Brussels I Regulation (Reg. 44/2001).
Q4
In the absence of such provision of jurisdiction on international consumers’
transactions, how are international consumer disputes settled in your
country? In particular
8
a)
Do general provisions of jurisdiction on international contracts
apply?
b)
Are forum selection clauses allowed in international contracts
in general?
The specific rules on consumer protection will apply as far as they reach. For consumer
transactions that fall outside the scope of the provisions, the general provisions on
international contracts will apply. There are however protection rules in insurance cases and
in disputes over individual employment contracts according to the Lugano Convention Art 814 and Art 18-21 as well as in the Norwegian Civil Procedure’s Act § 4-5 (4) and (9), as well
as a the general provision to protect the consumer regarding jurisdiction agreement in the
Civil Procedure’s Act § 4-6 (3).
Forum selection clauses are allowed in general under Norwegian law, see the Norwegian Civil
Procedure’s Act § 4-6 (1) and the Lugano Convention Art 23.
Q5
Does your legal system contain specific provisions or is there a practice for
the recognition of foreign judgements in consumer matters? In particular:
a)
Is the jurisdiction of origin particularly scrutinized?
b)
Is the public policy (ordre public) often invoked?
c)
Please explain the judicial application of those provisions and
practices.
In cases that fall inside the scope of the Lugano Convention, there are provisions concerning
both recognition and enforcement of judgements from a state in the EEA area (Member
State of the Lugano Convention). These provisions deal with any judgement of civil or
commercial matter, not particularly with judgements in consumer matters. See the Lugano
Convention Art 32 and following.
In cases that fall outside the Lugano Convention, there is stated in the Norwegian Act of
Enforcement § 4-1 and the Norwegian Civil Procedure’s Act § 19-16 that a judgement from a
foreign court will be recognized if this is established by an act or by an agreement with
another state that Norway is bound by. There are some agreements between Norway other
states, mostly bilateral agreements, about recognition and enforcement of judgements in
9
addition to the Lugano Convention. However, outside the EEA area (outside the scope of the
Lugano Convention), the main rule is that a foreign judgement will not be recognized by a
Norwegian court.
Q6
When no such specific rules excist, what is the judicial practice in the
matter of recognition and enforcement of foreign judgements in consumer
matters?
So far there is no court practice dealing with the question of recognition and enforcement of
judgements in consumer matters under Norwegian law that fall outside the scope of the
Lugano Convention.
III
Choice of Law
Q7
Does your legal system contain specific rules on choice of law in
international consumers transactions?
In particular:
a)
Do these specific provisions permit choice of law clauses?
b)
How do these provisions protect consumers?
c)
Do these provisions include any particular reference to online
consumer transactions?
d)
Please explain the judicial application of these provisions.
There is a provision in the Norwegian Consumer Sales Act § 3 (2) protecting the consumers
in international sales contracts. This provision is implementing the Consumer Sales
Directive Art 7 no 2. 4 In Financial Contracts or Financial Assignments involving an
international consumer transaction, there is a provision in The Financial Contracts Act § 3
that will protect the consumer. 5 This provision is created after the pattern in the 1980 Rome
Convention, and § 3 states that Norwegian Law will apply in a specific group of cases. There
4
5
Directive 1999/44 EC. Consumer Sales Act: Act No 34 from 21st of June 2002, in force 1st of July 2002.
Act No 46 of 25th of June 1999, in force 1st of July 2000
10
is also a provision protect the consumer in choice of law-questions in the Timeshare Act § 5
and in the Act of Choice of Law in Insurance Agreements protecting the insured party.
In Norwegian law there is, however, not a general rule protecting the consumer in
international transactions. There is no parallel to the Rome I Regulation Art 6 in Norwegian
Law.
Q7a
Do these specific provisions permit choice of law clauses?
Due to The Consumer Sales Act § 3 (2), choice of law clauses are permitted to a certain
extent. The possibility to use choice of law clauses in international consumer sales differs a
lot between those sales that are connected to the EEA area and those sales that do not have
such a connection.
If the sales contract has close connection to the EEA area, the choice of law agreement must
not refer to law of a state outside the EEA area if this means that the consumer will have a
weaker protection. It is however allowed to make a choice of law agreement referring to the
law of a state outside the EEA area if the consumer achieves better protection.
For sales contracts that do not have close connection to the EEA area, there is no specific
rule protecting the consumer when it comes to choice of law agreements.
The Financial Act § 2 states that any contract that is detrimental to the consumer, is not
allowed. For those contracts that fall within the protection rule in § 3,
Norwegian law will apply.
Q7b
How do these provisions protect consumers?
For consumer sales with a connection to the EEA area, the Norwegian Consumer Sales Act
ensures that the consumer has a level of protection that is similar to national consumer sales.
This is not particularly well expressed in the wording of § 3 (2), but according to the
preparatory works of the rule, this is meant to be the case. 6
6
See Ot. prp. Nr. 44 (2001-2002).
11
The Act on financial contracts and financial assignments § 3 more expressly states that
Norwegian law will apply to those financial agreements that fall inside the scope of the
provision. In these cases, the consumer will be protected in accordance to the Norwegian
Financial Contracts Act.
Q7c
Do these provisions include any particular reference to online consumer
transactions?
None of the above mentioned provisions have any particular reference to online consumer
transactions.
Q7d
Please explain the judicial application of these provisions.
In general there is not much court practice on consumer contracts. There is also very few
cases dealing with choice of law in international consumer contracts.
There is one court cases from the appellant court in connection to the Act on Choice of Law
in International Sale of Goods, see RG 2004 s. 1593, but the focus is not particularly on
consumer protection.
Q8
In the absence of such specific provision, which law governs international
consumer transactions in your country?
In particular:
a)
Do general provisions on the law applicable to international
contracts apply?
b)
Are choice of law clauses in international contracts allowed?
Consumer contracts falling outside the scope of the protection provisions will be governed by
general Norwegian private international law. There are not many written rules in private
international law in Norway, so most of the cases involving choice of law will be decided
upon due to court practice and under influence by legal literature.
As the main rule, choice of law clauses are allowed in international contracts.
12
IV
Alternative dispute resolution (ADR)
Q9
Are international consumers disputes capable of being settled by
arbitration?
In particular:
a)
Are international consumers’ disputes arbitrable under your legal
system?
b)
Please mention the case law, if any, dealing with international
consumers’ transactions settled by arbitration
Q9a)
The Arbitration Act 7 applies both in national and international arbitration.
I principle, consumer disputes may be settled by arbitration, but there are limitations as to
arbitral agreements in consumer cases. These limits are stated in the Arbitration Act § 11.
Firstly, an arbitration agreement entered into before the dispute arose, it not binding
towards the consumer. This will prevent the use of arbitration clauses in standard
agreements towards consumers. Secondly, an arbitration agreement with a consumer needs
to be created in a separate document that must be signed by both parties. It is permitted to
enter an electronic agreement if this is done in a way that authenticates the agreement and
ensures the content of the agreement.
This second limitation is made under inspiration
from German law. Thirdly, it is stated that a consumer that enters an arbitral court hearing
without it being pointed out which consequences an arbitral court decision will have, the
consumer may claim that the arbitral agreement is not binding.
Q9b)
There are no Supreme Court decisions on arbitration in consumer matters, but there s an
appellant court case where § 11 of the Arbitration Act is referred to:
RG 2006 s. 1324 (Borgarting Lagmannsrett, Appellant Court). This case is in Norwegian
media referred to as the “Mikel-case” after the name of the football-player Mikel. Mikel, a
Nigerian football-player, filed a law suit against his former employer, the Norwegian football7
Act No 25 of 14th of May 2004, in force 1st of January 2005.
13
club Lyn Oslo. Mikel claimed that he no longer had any employment agreement with Lyn.
Lyn in return, claimed that the case must be dismissed from the ordinary courts and treated
by arbitration since there was an arbitral agreement between the parties. The Borgarting
Appellant Court found that the case could be settled by the ordinary courts. The Appellant
Court found that the dispute was concerning expiration of an employment contract. Due to
previous Norwegian Supreme Court practice (Rt 1992 s. 593), he was not bounded by an
arbitral agreement entered into before the dispute arose. This is built on the same grounds
of protection as in the Arbitration Act § 11.
Q10
Does your legal system provide for any alternative method for any
alternative dispute settlement applicable to international consumers’
transactions? Which kind of alternative method?
In particular:
a)
Is that method just an option for the consumer or can a consumer be
forced to use it? After having chosen the alternative method, does the
consumer still have the right to seize a domestic court if such metod fails?
b)
Should this method be chosen before a dispute arises or after the
dispute has arisen?
c)
Is a consumer allowed to seize domestic courts?
d)
Is this method entirely or mostly an online dispute resolution (ODR)
method?
In Norway, there are several complaint boards to solve disputes between a consumer and a
professional party. There is for example a Board on Dispute concerning telephone bills,
Board on Dispute concerning Package Tours, a Board on Dispute related to Electrical Home
Appliances. More important complaint boards when it comes to international consumer
transactions are the Consumer Disputes Commission, The Norwegian Banking Complaints
Board and the Norwegian Bureau for Insurance Disputes.
The Consumer Disputes Commission is a governmental Complaint Board with many
similarities to a court, but it is an administrative body. The purpose of the Consumer
Disputes Commission (FTU) is to provide fast, costless and reliable decisions in consumer
disputes. The Commission shall consider the case on the basis of the written presentation,
and the parties do not attend the meetings. The Commission may obtain supplementary
14
expert opinions, and summon experts to appear at the meetings of the Commission. In
practice, however, this warrant is usually not applied by the Commission. The Consumer
Disputes Commission can decide in cases that have such a connection to Norway, that the
dispute can be tried before a Norwegian court. See http://forbrukertvistutvalget.no/
The Norwegian Banking Complaints Board is a non-governmental complaint board. The
Banking Complaint Board also deals with cases where a foreign financial institution has
offered services to Norwegian consumers. See http://www.bankklagenemnda.no/ .
The Norwegian Bureau for Insurance Disputes – NBI - is established due to an agreement by
the Consumer Council of Norway, the Norwegian financial services association and the
Confederation of Norwegian Enterprise. The purpose is to assist policyholders, third parties
and others who are dissatisfied with the treatment or the compensation offered them by an
insurance company. The insurance industry regards the ICB as qualified. Although the
rulings are advisory they are usually followed by the insurance companies, not only in the
case decided upon, but also in similar cases.
Norway is a member of the ECC Network thru the EEA Agreement, See
http://www.forbrukereuropa.no/ . The ECC Network is set up to promote consumer
confidence in cross-boarder purchases throughout the EEA by providing:
- Information on national and European consumer rights;
- Support in pursuing cross-border complaints;
- Advise on out of court settlement procedures; and
- Information on consumer concerns to relevant authorities, particularly the European
Commission.
All the complaint boards are optional to the consumer. The normal procedure is to try to
solve the dispute by the complaint board before bringing it to court. The consumer will have
the possibility to bring the case to the ordinary courts even if the case has been tried before
a complaint board.
The complaint boards may be chosen as a method for solving dispute even if the parties
have not made an agreement about this in advance. This is a method that may be used
after the dispute has arisen.
The consumer will not waive his/hers right to seize the domestic courts.
15
The Complaint Boards are not mainly online dispute resolution methods (ODR).
Q11
Is there in your legal system any specific procedure on consumer claims or
particularly applicable to consumer claims (e.g., small claim procedures,
small claims courts) available for international dispute settlements?
Due to the Norwegian Procedural Act Chapter 10, there are special provisions regarding
small claims procedure. There is no limitation as to international disputes as long as the
case fall inside Norwegian jurisdiction. But there is a limit referring to the amount of the
claim (must be less than NOK 125.000,-). Small claims procedure is also out of question in
cases that are treated under the provisions in Chapter 35 about class actions.
Q12
Is there in your legal system any procedural tool (e.g. class actions)
particularly available for national consumer disputes?
The Norwegian Procedural Act Chapter 35 contains provisions on class actions. These
provisions are rather new in Norwegian legal tradition 8. The provisions are not particularly
created for international consumer disputes, but the rules will apply to international disputes
that can be tried before a Norwegian court. 9
V
Cooperation of authorities
Q13
Is there in your legal system any authority vested with power to
participate in consumer redress related to international disputes?
In particular:
a)
Can this authority seek enforcement of domestic judgments abroad
and of foreign judgments before local courts?
b)
Can this authority interact with foreign counterparties in order to
obtain consumer redress?
8
9
The provisions are new in the Civil Procedure Act from 2005, in force from 1st of January 2008.
This is stated in the preparatory works of the provisions of class action, see NOU 2001: 32 page 496.
16
Norway is a member of the ECC Network thru the EEA Agreement. The aim of the ECC-Net
is to provide consumers with a wide range of services, from providing information on their
rights to giving advice and assistance with their complaints and the resolution of disputes.
There is however not a specific authority with any particular power in consumer cases about
enforcement.
VI
Legal scholarship and legal education
Q14
Please include a short bibliography of items concerning private
international law on consumer’ protection in your legal system (listed by
authors in alphabetic order).
Bull, Henrik
Norsk lovkommentar til Luganokonvensjonen
Konow, Berte-Elen R.
”Verneting og rettsvalg ved internasjonale forbrukerkjøp”,
in T. Frantzen/J. Giertsen/G.C. Moss: Rett og toleranse,
Festskrift til Helge Thue, Bergen, Gyldendal Norsk Forlag
AS (2007) 271-288
Konow, Berte-Elen R.
Norsk lovkommentar til kjøpslovvalgsloven (intprkjl)
Krüger, Kai
Norsk lovkommentar til forbrukerkjøpsloven § 3, 2. ledd
Krogh, Georg Philip
”Internett, jurisdiksjon og territoriell avgrensning”, Lov &
Data No 81, Oslo, Lovdata (2005) s. 24
Krogh, Georg Philip
”Alternative tvisteløsningssystemer i forbrukersaker på
Internett”, Lov & Data No 73, Oslo, Lovdata (2003) s. 17
Lerheim, Tore
Forbrukarkontraktar inngått i utlandet, IUSEF nr. 29, Oslo,
Universitetsforlaget (1998)
Lenda, Peter
”Lovvalg ved elektronisk handel over landegrensene”, Lov
& Data nr 63, Oslo, Lovdata (2000) 15
Moss, Giuditta Cordero
”Lovvalgsregler for internasjonale kontrakter:
Tilsynelatende likheter og reelle forskjeller mellom
europeiske og norske regler”, Tidsskrift for rettsvitenskap
(TfR), Oslo, Universitetsforlaget (2007) s. 679
17
Rognlien, Stein
Luganokonvensjonen, Norsk kommentarutgave,
Internasjonal domsmyndighet i sivile saker, Oslo, Juridisk
Forlag (1993)
Torvund, Olav
Forbrukerkjøpslovens anvendelse ved levering av digitale
ytelser, Legal opinion for the Ministry of Justice, Oslo
(2004 ), see
http://www.regjeringen.no/nb/dep/jd/dok/rapporter_plan
er/rapporter/2004/forbrukerkjopslovens-anvendelse-vedleve.html?id=278282
Tverberg, Arnulf
Forbrukerkjøpsloven med kommentarer, Oslo, Gyldendal
Norsk Forlag AS (2008) s. 137-148
Q15
Please include a list of the relevant case law concerning international
consumers’ protection (listed by dates in chronological order).
Supreme Court decisions:
Rt 2004 s. 1539
Rt 2002 s. 199
Rt 2002 s. 82
Rt 2001 s. 848
Rt-1999-837
HR-2001-1343
Lower court decisions
RG 2006 s. 1324
RG 2004 s. 1593
RG 2004 s. 501
RG 2003 s. 918
RG 2002 s. 1124
RG 2001 s. 1600
RG 1999 s. 854
18
LB-2003-322
LB-1998-1776
Consumer Complaint Board Decisions
Case 2002/527
Case 1992/089
Q16
Is there in your country (or in your organization), any specific education
program (in Universities or other institutions) totally or mostly devoted to
international consumers’ transactions?
It has not been found any education program totally or mostly devoted to international
consumers’ transactions in Norway.