By Court of Justice of the European Communities, Reiner Schulze, Hans Schulte-Nolke, Jackie M. Jones
Eu purchaser legislation 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 buyer legislations thus far and their influence on nationwide felony platforms. It comprises twenty best eu situations and is then via concise analyses of the impression of those judgements on the various nationwide felony structures of the Member States, and the way nationwide legislatures and nationwide courts have reacted to this ever burgeoning sector of ecu legislations. the focal point of the ebook is inner most legislation, together with customer contracts, commercial legislations, eu product legal responsibility and purchaser dispute resolutions. The casebook is an important advisor for college students and practitioners alike. It presents the reader with an outline of an important instances and analyses within the region of eu customer legislation on either ecu and nationwide degrees.
Read Online or Download A Casebook on European Consumer Law PDF
Best jurisprudence books
This number of essays brings jointly Zygmunt Bauman and a couple of across the world individual criminal students who study impact of Bauman's fresh works on social conception of legislation and socio-legal stories. individuals specialize in the idea that of 'liquid society' and its adoption by means of criminal students.
Legislation one zero one is a vital reference that explains: -how legislation are made -how the court docket procedure works and -how each one zone of the legislation affects your lifestyle. Key details for vital questions: -How does a lawsuit start? -What is the adaptation in civil and legal legislations? -When do kingdom legislation trump federal legislation?
Extra resources for A Casebook on European Consumer Law
The second question Case no. 2 — Benincasa 19 20. In view of the answer given to the first question, there is no need to answer the second. 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.
50. Therefore, the wording of Article 13 does not permit it to be extended to cover any contract, irrespective of its subject-matter and purpose, in which an economically weaker party is faced by a party in a position which is objectively superior or superior by reason of the circumstances. 51. Contracting parties are not normally in a position of equality in the area of business relationships, but that does not mean that contracts of that kind, including standard-form contracts, entered into by businessmen benefit from the special rule in Article 13.
The definition of this term largely corresponds with the case law developed by the ECJ in the case of Bertrand  ECR 1431 (Case no 1 in this Casebook) relating to Article 13 of the Convention in the 1968 version which applied at the time. The definition of the consumer in the Convention is mainly characterised by the subjective link to one of the aims pursued by one of the parties to the contract: only the party who pursues an aim which may not be attributed to his professional or commercial activity is a consumer.
A Casebook on European Consumer Law by Court of Justice of the European Communities, Reiner Schulze, Hans Schulte-Nolke, Jackie M. Jones