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 criminal schooling and perform. This casebook information the main basic judgments of the courtroom of Justice on client legislations thus far and their influence on nationwide criminal platforms. It comprises twenty best ecu instances and is then by means of concise analyses of the impression of those judgements on a number of the nationwide criminal structures of the Member States, and the way nationwide legislatures and nationwide courts have reacted to this ever burgeoning region of ecu legislations. the focal point of the e-book is inner most legislation, together with shopper contracts, commercial legislations, ecu product legal responsibility and patron dispute resolutions. The casebook is an important advisor for college students and practitioners alike. It offers the reader with an outline of an important circumstances and analyses within the region of eu customer legislations on either ecu and nationwide degrees.
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Additional info for A Casebook on European Consumer Law
46. All this merely confirms the necessity to adhere to the autonomous interpretation of the definition of ‘consumer’ in Article 13 of the Brussels Convention, which need not be linked to the definitions used in individual cases in the respective national legal systems. 47. Finally, the view I have just put forward is not contradicted by the inclusion in the EC Treaty of a new Title XI on consumer protection, in which Article 129a lays down ‘a high level of consumer protection’ as an objective of the Community.
Those questions were raised in proceedings between Dentalkit Srl (‘Dentalkit’), and Mr Benincasa, an Italian national, relating to the validity of a franchising contract concluded between them. In 1987 Dentalkit developed a chain of franchised shops in Italy specializing in the sale of dental hygiene products. In 1992 Mr Benincasa concluded a franchising contract with Dentalkit with a view to setting up and operating a shop in Munich. In that contract Dentalkit authorised Mr Benincasa to exploit the exclusive right to use the Dentalkit trademark within a particular geographical area.
International Law of Procedure of the Brussels Convention. The notion of ‘consumer’ within the procedural law of the European Union appears therefore to be established. The Brussels Convention provides that the compulsory jurisdictional venue for consumer-related matters lies with the State in which the consumer is domiciled. According to Article 13(1) of the Convention special provisions apply in an action which arises from a: (. ) contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called ‘the consumer’.