Bertrand v Paul Ott KG: ECJ 21 Jun 1978

Europa Since the concept of a contract of sale on instalment credit terms varies from one member state to another, in accordance with the objectives pursued by their respective laws, it is necessary, in the context of the convention, to consider that concept as being independent and therefore to give it a uniform substantive content allied to the community order. According to the principles common to the laws of the member states, the sale of goods on instalment credit terms is to be understood as a transaction in which the price is discharged by way of several payments or which is linked to a financing contract. However, a restrictive interpretation of the second paragraph of article 14 of the convention, in conformity with the objectives pursued by section 4, entails the restriction of the jurisdictional advantage for which provision is made by that article to buyers who are in need of protection, their economic position being one of weakness in comparison with sellers by reason of the fact that they are private final consumers and are not engaged, when buying the product acquired on instalment credit terms, in trade or professional activities.



European, Consumer

Updated: 10 April 2022; Ref: scu.132572