Source: All England Reporter
Publisher Citation: [2009] All ER (D) 57 (Sep)
Court: Court of Justice of the European Communities (First Chamber)
Judge:

Judges Jann (President of the Chamber)(Rapporteur), Ilesic, Tizzano, Levits and Kasel
Judgment Dates: 3 September 2009

Catchwords

European Community - Consumer protection - Unfair contract terms - Protection of consumers in respect of distance contracts - Reference for preliminary ruling - Interpretation of national law within context of directive - Whether seller might claim compensation for value of use of consumer goods acquired under a distance contract - Parliament and Council Directive (EC) 97/7, art 6.

The Case

European Community Consumer protection. Court of Justice of the European Communities (First Chamber): Art 6 of the Council Directive (EC) 97-7 (on the protection of consumers in respect of distance contracts) precluded a provision of national law which provided in general that, in the case of withdrawal by a consumer within the withdrawal period, a seller might claim compensation for the value of the use of the consumer goods acquired under a distance contract.

Practice Areas

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