By Court of Justice of the European Communities, Reiner Schulze, Hans Schulte-Nolke, Jackie M. Jones
Eu client legislation has turn into an essential component of either criminal schooling and perform. This casebook info the main primary judgments of the courtroom of Justice on buyer legislations so far and their impression on nationwide criminal platforms. It comprises twenty top eu instances and is then through concise analyses of the impact of those judgements on a few 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 legislation. the point of interest of the booklet is inner most legislation, together with customer contracts, commercial legislation, ecu product legal responsibility and client dispute resolutions. The casebook is an important advisor for college kids and practitioners alike. It presents the reader with an outline of an important situations and analyses within the sector of eu patron legislations on either eu and nationwide degrees.
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Additional info for A Casebook on European Consumer Law
In my opinion, the autonomous interpretation of ‘consumer’ to which I referred in connection with the Shearson Lehman Hutton judgment is preferable to an interpretation which relies on national law, and there are two reasons for that view: (a) national legislation need not coincide from one State to another and may differ slightly in certain respects, depending on the particular case. ) would prejudice the legal certainty which the Brussels Convention aims to ensure. (b) the same national legislation may contain different definitions of ‘consumer’, depending on the field of law in which they occur.
The German case law does not answer the question as to whether the definition which had similar forerunners in several other statutes can also operate consistently to the benefit of business founders (see the German commentary to Di Pinto: Case no 10 in this Casebook). The differences which exist even within the Case no. 2 — Benincasa 27 German legal system illustrate that only an independent or autonomous interpretation of the concept of the consumer contained in the Convention can lead to uniformity throughout the Community.
England & Wales The Brussels Convention was implemented in the UK by the Civil Jurisdiction and Judgments Act 1982. Provisions concerning jurisdiction within the UK are contained in Schedule 4 of the Act which contains Title II of the Convention (as modified). English academics did not fail to notice that the notion of ‘consumer contract’ introduced in the 1978 amendment to the Convention closely resembled the one provided by the British Unfair Contract Terms Act 1977 (UCTA). According to section 12: (1) A party to a contract, deals as ‘consumer’ in relation to another party if (a) he neither makes the contract in the course of a business nor holds himself out as doing so; and (b) the other party does make the contract in the course of a business; and (c) in the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7 of this Act, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.
A Casebook on European Consumer Law by Court of Justice of the European Communities, Reiner Schulze, Hans Schulte-Nolke, Jackie M. Jones