Court of Justice of the European Communities, Reiner's A Casebook on European Consumer Law PDF

By Court of Justice of the European Communities, Reiner Schulze, Hans Schulte-Nolke, Jackie M. Jones

ISBN-10: 1841132276

ISBN-13: 9781841132273

ISBN-10: 1847312640

ISBN-13: 9781847312648

Ecu purchaser legislation has turn into an integral part of either felony schooling and perform. This casebook information the main primary judgments of the court docket of Justice on patron legislations thus far and their impact on nationwide criminal platforms. It includes twenty prime eu instances 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 quarter of eu legislation. the focal point of the publication is deepest legislation, together with customer contracts, commercial legislation, eu product legal responsibility and buyer dispute resolutions. The casebook is a vital consultant for college kids and practitioners alike. It offers the reader with an summary of an important situations and analyses within the sector of ecu purchaser legislations on either eu and nationwide degrees.

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Additional info for A Casebook on European Consumer Law

Sample text

In addition, the fact that the couple was using their income in what they hoped would be a profitable manner, did not justify the claim that they should be considered as acting within their trade or profession. CASE LAW REFERENCES Standard Bank London Ltd. ; Stevenson & Anor v Rogers [1999] QB 1028; R & B Customs Brokers Ltd. v United Dominions Trust Ltd. r. LITERATURE REFERENCES J Harris ‘Jurisdiction Clauses and Void Contracts’ (Casenote), (1998) European Law Review 279; A Waldron ‘Contracts’ (Casenote) (1998) International Trade Law Quarterly 114; on the Stevenson & Anor case, see Commercial reporter: sales in the course of business (1999) Solicitor’s Journal 64.

In Benincasa, the ECJ applied the concept of the consumer which, since 1978, has been used in relation to Article 13 of the Brussels Convention (The text of Article 13 is reprinted above in the facts of the case under A2; concerning the history see the European law Commentary to Bertrand: Case no 1 in this Casebook). The Convention adopted this provision following the accession of Denmark, Ireland and the United Kingdom (OJ 1978 L304/1) to the Convention. At the same time, negotiations were taking place to amend the Rome Convention in relation to contractual obligations which contained the same definition in Article 5 (OJ 1980 L266/1).

The couple entered into a foreign exchange agreement according to which the bank would make forward purchases of ECUs on their behalf in exchange for drachmas. When litigation arose, the bank sought to rely on Dentalkit in order to claim that only contracts concluded for the purposes of satisfying an individual’s own needs in terms of his private consumption could be classified as consumer contracts, and that Dentalkit implied that ‘consumption’ should mean that something is ‘literally consumed’ so as to be destroyed.

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A Casebook on European Consumer Law by Court of Justice of the European Communities, Reiner Schulze, Hans Schulte-Nolke, Jackie M. Jones


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