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Image header Agence Europe
Europe Daily Bulletin No. 10945
Contents Publication in full By article 40 / 45
COURT OF JUSTICE OF THE EU / (ae) consumers

Interpretation of EU Regulation 44/2001

Brussels, 17/10/2013 (Agence Europe) - On 17 October, the European Court of Justice ruled in Case C-218/12 that a consumer may sue a foreign trader with whom he has concluded a contract before the national courts where it is established that the trader has directed his activities to the consumer's state, even if the means thus employed to direct his activities were not the basis for the conclusion of the contract. The Court of Justice was answering a question raised by the German regional court of Saarbrucken about interpretation of EU Regulation 44/2001 (on the scope of consumer protection in cross-border sales). The German court wanted to know whether there has to be a causal link between the means employed to direct the commercial activity to the member state of the consumer's domicile, namely the internet site (in this case with German and French telephone numbers), and the conclusion of the contract with the consumer. The Court answered that the actual wording of the regulation does not expressly require the existence of a causal link. However, although the causal link is not a condition, it may nonetheless constitute strong evidence which may be taken into consideration by the national court to determine whether the activity is in fact directed to the member state in which the consumer is domiciled, other possible evidence being the establishment of contact at a distance and the conclusion of a consumer contract at a distance. (FG/transl.fl)

 

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