By Court of Justice of the European Communities, Reiner Schulze, Hans Schulte-Nolke, Jackie M. Jones
Ecu patron legislation has turn into an integral part of either felony schooling and perform. This casebook info the main basic judgments of the courtroom of Justice on customer legislation up to now and their impact on nationwide felony platforms. It comprises twenty best ecu circumstances and is then through concise analyses of the influence of those judgements on a few of the nationwide felony platforms of the Member States, and the way nationwide legislatures and nationwide courts have reacted to this ever burgeoning zone of eu legislation. the focal point of the ebook is inner most legislation, together with shopper contracts, commercial legislation, ecu product legal responsibility and shopper dispute resolutions. The casebook is a vital advisor for college students and practitioners alike. It offers the reader with an outline of an important instances and analyses within the zone of eu patron legislation on either eu and nationwide degrees.
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Extra info for A Casebook on European Consumer Law
Mr Benincasa set up his shop, paid the initial sum of LIT 8 million and made several purchases, for which, however, he never paid. In the meantime, he had ceased trading altogether. Mr Benincasa brought proceedings in the Landgericht 16 I. International Law of Procedure (Regional Court) Munich I, where he sought to have the franchising contract declared void on the ground that the contract as a whole was void under German law. He also claimed that the sales contracts concluded subsequently pursuant to the basic franchising contract were void.
4. Extract from the Opinion of the Advocate-General 38. The status of consumer referred to by Article 13 is not determined by a pre-existing subjective situation: the same natural person may be a consumer for certain purposes and an entrepreneur for others. The decisive factor is, therefore, not the personal circumstances of the individual but rather his position under a particular contract, having regard to its scope and purpose. 39. Where contracts such as franchise agreements are concerned, which are clearly of a commercial nature and necessarily relate to a trade or profession of the parties, the latter’s personal circumstances before the formation of the contract are irrelevant for the purpose of Article 13.
At the same time it is seen as ‘creative interpretation’ which limits the actual scope of application of Articles 13 to 15 of the Brussels Convention (for example, Carporti at a conference in Pavia, 1983). With this decision the Court is seen as anticipating the later amendment (see above under B1) to the Convention (Toriello, see also Pocar). Italian law regulates the part-payment of movable goods in a subsection of the Codice civile ‘Della vendita con riserva della proprieta’ (Articles 1523–1526) as well as in some rules of Insolvency law and in Legge 132 no 1332 of 28 November 1965 on ‘Vendita di macchine utensili’ in the case of special materials.
A Casebook on European Consumer Law by Court of Justice of the European Communities, Reiner Schulze, Hans Schulte-Nolke, Jackie M. Jones