Download A Casebook on European Consumer Law by Court of Justice of the European Communities, Reiner PDF

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

Eu buyer legislations has develop into an integral part of either felony schooling and perform. This casebook info the main basic judgments of the courtroom of Justice on purchaser legislations up to now and their impression on nationwide criminal platforms. It includes twenty best eu instances and is then via concise analyses of the impression 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 sector of ecu legislations. the point of interest of the publication is deepest legislation, together with buyer contracts, commercial legislation, eu product legal responsibility and purchaser dispute resolutions. The casebook is an important consultant for college kids and practitioners alike. It presents the reader with an outline of an important situations and analyses within the region of ecu customer legislations on either eu and nationwide degrees.

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The plaintiff applied to the Bundesmonopolverwaltung für Branntwein (Federal Monopoly Administration for Spirits) for authorisation to import the product in question. The Bundesmonopolverwaltung informed the plaintiff that the product was not suitable to be marketed in Germany because of its insufficient alcoholic strength. It based its decision on Article 100 of the German Law on Monopoly in Spirits (Branntweinmonopolgesetz, Reichsgesetzblatt 1922, 335, amended by, inter alia, Bundesgesetzblatt 1976, 1145) together with the rules drawn up pursuant to that provision, the effect of which were to fix the minimum alcohol content of specified categories of liqueurs and other potable spirits (Verordnung über den Mindestweingeistgehalt von Trinkbranntweinen of 28 February 1958, Bundesanzeiger no 48 of 11 March 1958).

41. 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.

In its written observations before the ECJ, the German government objected to the plaintiff ’s claim (Opinion of the Advocate-General, paragraphs 44 and 45: reprinted above under A4). The concept of a consumer contained in the Law on Consumer Credit was deliberately expanded by the national legislator in order to incorporate the minimum standards provided for in Directive 87/102 (Consumer Credit OJ 1987 L42/48). In addition, all other German laws relating to the protection of the consumer use a narrower concept of the consumer, as now stated in the general definition of this term provided by § 13 of the Civil Code (Bürgerliches Gesetzbuch, amended in Bundesgesetzblatt 2000 897), which provides: Verbraucher ist jede natürliche Person, die ein Rechtsgeschäft zu einem Zweck abschließt, der weder ihrer gewerblichen noch ihrer selbständigen beruflichen Tätigkeit zugerechnet werden kann.

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