Source: All England Reporter
Publisher Citation: [2007] All ER (D) 105 (Oct)
Court: Court of Justice of the European Communities (First Chamber)
Judge:

Judges Jann (President), Tizzano, Borg Barthet, Ilesic and Levits
Judgment Dates: 4 October 2007

Catchwords

European Community - Consumer protection - Consumer credit - Credit agreement not referring to goods financed - National law requiring agreement to contain indication of goods financed before remedy required under Community law available to consumer - Domestic court raising issues of law of own motion contrary to national law - Whether Community legislation precluding requirement to indicate goods financed - Whether Community law enabling national courts to apply national law implementing Community remedy of own motion - Council Directive (EEC) 87/102, arts 11(2), 14, as amended by Parliament and Council Directive (EC) 98/7.

The Case

European Community Consumer protection. Articles11 and 14 of Council Directive (EEC) 87-102 on the approximation of laws, regulations and administrative provisions of the member states concerning consumer credit, as amended by Parliament and Council Directive (EC) 98-7, had to be interpreted as meaning that the right to pursue remedies, provided for in art11(2) of the Directive, which the consumer enjoyed against the grantor of credit, might not be made subject to the condition that the prior offer of credit had to indicate the goods or services being financed. The Directive, as amended, also had to be interpreted as allowing national courts to apply of their own motion the provisions transposing art11(2) into national law.

Practice Areas

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