By Court of Justice of the European Communities, Reiner Schulze, Hans Schulte-Nolke, Jackie M. Jones
Ecu client legislations has turn into an essential component of either felony schooling and perform. This casebook information the main primary judgments of the courtroom of Justice on client legislations so far and their influence on nationwide felony structures. It includes twenty prime ecu instances and is then by means of concise analyses of the impression of those judgements on many of the nationwide felony structures of the Member States, and the way nationwide legislatures and nationwide courts have reacted to this ever burgeoning quarter of eu legislation. the point of interest of the e-book is inner most legislations, together with client contracts, commercial legislation, eu product legal responsibility and client dispute resolutions. The casebook is a necessary advisor for college students and practitioners alike. It offers the reader with an outline of an important instances and analyses within the zone of ecu purchaser legislations on either ecu and nationwide degrees.
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Additional resources for A Casebook on European Consumer Law
Contrats, Concurrence, Consommation (1999) Chronique 13. BD 5. Italy Italian writers regard two aspects of the judgment in Benincasa as vitally important. One is the implementation of the concept of the consumer, not only with respect to the Brussels Convention, but also to Italian law; the other is the clarification that exclusive jurisdiction chosen by the parties pursuant to Article 17 of the Convention cannot simply be set aside (Giacalone, see also Ballarino). Italy has implemented the concept of consumer in Article 1469 Code civile: il consumatore è la persona fisica che agisce per scopi estranei all’attività imprenditoriale o professionale eventualmente svolta.
According to this version the laws regulating doorstep sales are not applicable only where such transactions are made in direct connection (rapport direct) with a commercial activity: Ne sont pas soumis aux dispositions des Articles L 121–23 à L 121–28: 4° Les ventes, locations ou locations-ventes de biens ou les prestations de services lorsqu’elles ont un rapport direct avec les activités exercées dans le cadre d’une exploitation agricole, industrielle, commerciale ou artisanale ou de toute autre profession.
Article 13 of the Brussels Convention, therefore, also applies to legal transactions in which both parties are consumers. Should the ECJ ever get the opportunity to decide this question it is to be expected that it would follow its current case law and decline to apply Article 13 to a contract concluded between consumers. The judgment in Benincasa follows that in Shearson Lehman Hutton  ECR I–139. In this case the ECJ followed its decision in Bertrand and confirmed that Article 13 was an exception to the general rule regulating to jurisdictional venue.