Notice Absence did not Remove Right to Cancel The defendant had contracted to arrange the removal of the claimant’s household goods on moving house. The claimant cancelled the contract, made at his housel, but refused to pay the cancellation fee, saying that the contract not having been made at the defendant’s premises. The Court of … Continue reading Robertson v Swift: SC 9 Sep 2014
ECJ 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 measuresThe court considered the significance of the recitals to the Directive: ‘In that regard, it should be noted that the Directive, … Continue reading Eva Martin Martin v EDP Editores, SL: ECJ 17 Dec 2009
ECJ Consumer protection – Contracts negotiated away from business premises Scope of Directive 85/577/EEC – Entry into a closed-end real property fund established in the form of a partnership – Cancellation.‘ . . art.5 (2) of the Directive provides that notification by the consumer of the renunciation of the effects of his undertaking has the … Continue reading E. Friz GmbH v Carsten von der Heyden (Environment And Consumers): ECJ 15 Apr 2010
The claimant had been knocked from his motor cyle by the defendant. He hired a replacement, but when he sought payment of the associated hire charges, the defendant said that the hire company had failed to comply with the 208 Regulations, and that since the claimant had no obligation to pay, he could not claim … Continue reading Salat v Barutis: CA 20 Nov 2013
The claimant removal company sought payment of its fees after the defendant purported to cancel the arrangement for moving his goods. The defendant now appealed against rejection of his claim that the the contract was cancellable within the 2008 Regulations. The district judge said that the Regulations applied to a contract made only on one … Continue reading Robertson v Swift: CA 15 Jan 2013
ECJ Opinion – Directive 85/577 – Consumer Protection in the case of contracts concluded away from business premises – Termination – Failure to inform the consumer of his right to terminate the contract of consumer protection measures in the absence of provision of information nullity relative and absolute nullity of the contract – Recognition ex … Continue reading Eva Martin Martin v EDP Editores, SL: ECJ 7 May 2009
ECJ Consumer protection Contracts negotiated away from business premises Directive 85/577/EEC First paragraph of Article 4 and Article 5(1) Contract for long-term credit Right of cancellation. Citations: C-412/06, [2008] EUECJ C-412/06 Links: Bailii European Updated: 14 July 2022; Ref: scu.266942
ECJ Consumer protection – Doorstep selling – Right of cancellation – Agreement to grant credit secured by charge on immovable property. Citations: [2004] CEC 202, C-481/99, [2001] ECR I-9945, [2001] EUECJ C-481/99, [2004] All ER (EC) 1, ECLI:EU:C:2001:684, [2003] 2 CMLR 42 Links: Bailii Cited by: Cited – Office of Fair Trading v Abbey National … Continue reading Heininger v Bayerische Hypo-und Vereinsbank AG: ECJ 13 Dec 2001
A contract of guarantee by private individual was not subject to cooling off period even though it was supporting a person trading. Citations: Times 25-Mar-1998 Statutes: Council Directive 85/577/EEC Art 4 Consumer, European Updated: 18 May 2022; Ref: scu.78296
alonsovidaECJ2012 ECJ Consumer protection – Contracts negotiated away from business premises – Directive 85/577/EEC – Scope – Not included – Unit-linked insurance contracts Safjan P C-166/11, [2012] EUECJ C-166/11 Bailii Directive 85/577/EEC European, Consumer Updated: 01 November 2021; Ref: scu.451788
A contract for a time-share sold away from the registered office of the vendor was subject to the doorstep selling directive, and a right of cancellation applies. This may be so even if it had been signed at the time-share complex, if that was not . .
