Consumer protection law - contracts negotiated away from business premises - CASELEX:EU:2009:160
Directive 85/577/EEC – Article 4 – Consumer protection – Contracts negotiated away from business premises – Right of cancellation – Obligation on the trader to give notice of that right – Contract void – Appropriate measures.
Legal issue
Is Article 4 of the Directive to be interpreted as meaning that it allows a national court to raise, of its own motion, an infringement of that provision and to declare a contract falling within the scope of that directive void on the ground that the consumer was not informed of his right of cancellation, even though the consumer, at no stage, pleaded that the contract was void before the competent national courts?
The European Court of Justice (First Chamber) ruling (17 December 2009):
Article 4 of Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises does not preclude a national court from declaring, of its own motion, that a contract falling within the scope of that directive is void on the ground that the consumer was not informed of his right of cancellation, even though the consumer at no stage pleaded that the contract was void before the competent national courts.
Further details of Case C‑227/08 - Caselex
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