| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 189 (Dec) |
| Court: | Court of Justice of the European Communities (Sixth Chamber) |
| Judge: | Judges Macken (President of the Chamber), Gulmann (Rapporteur), Puissochet, Skouris and Cunha Rodrigues |
| Judgment Dates: | 13 December 2001 |
Catchwords
European community - Consumer protection - Contracts negotiated away from business premises - Right of cancellation - Secured credit agreement - Domestic legislation providing for limitation period of one year from conclusion of contract on exercise of right of cancellation - Whether right of cancellation applying to secured credit agreement - Whether Community law precluding domestic limitation period - Council Directive (EEC) 85/577.
The Case
In answer to a request for a preliminary ruling on the interpretation of Council Directive (EEC) 85-577 (the doorstep-selling directive), the European Court of Justice ruled (i) that directive applied to secured credit agreements that were negotiated away from the trader's premises, with the result that the right of cancellation was available to a consumer who entered into such a contract, and (ii) that the directive precluded the national legislature from imposing a limitation period of one year from the conclusion of the contract on the exercise of the right of cancellation where the consumer had not received a notice informing him of his right of cancellation which the trader was bound to supply pursuant to art 4 of the directive.
Practice Areas
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