Monitoring References to the Court of Justice of the European Union
Tag
21 case reports
A lender failed to assess a borrower's creditworthiness and then sold the loan to Hoist Italia, a buyer of consumer debt. Italian law lets the borrower claim only against the original lender, for pre-contractual liability and damages. A court in Busto Arsizio asks whether that sanction is effective enough under the Consumer Credit Directive when the debt is being collected by someone else.
In April the Court held that a lender may not charge interest on the fees it has financed. A Warsaw court now asks what that means in practice: which of the Consumer Credit Directive's information duties such a contract breaches, whether the national sanction must follow, and whether a court must raise the point of its own motion.
When a consumer loan has been sold on, Italian courts let the borrower sue only whoever actually received the money — which means first working out how the two banks arranged the transfer between themselves. A justice of the peace asks whether Article 17 of the Consumer Credit Directive lets the consumer choose to sue either.
A consumer credit agreement is declared wholly invalid, but the money was drawn down and the lender wants it back. From which date does limitation run on that claim — the finding of invalidity, the drawdown, or each instalment of the contract that no longer exists? Sofia City Court asks.
If the statutory default interest on a late commercial payment works out at less than one cent — and Finnish rounding rules turn it into zero — is the creditor still owed anything under the Late Payment Directive? The Finnish Supreme Court asks.
By judgment of 25 January 2018 (ECLI:EU:C:2018:37) the Court held that Mr Schrems had not lost his consumer status for his own Facebook account through his books, lectures and campaigning, so he could sue Facebook in Vienna.
By judgment of 12 October 2017 (ECLI:EU:C:2017:758) the Court ruled, in the words of the operative part: “Article 28(2) of Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation…
Can a public sector pension provider be awarded a contract without there having been an advert or a tendering procedure? Background There is a clinic in the German spa town of Bad Reichenhall. It used to be in the public sector and run by the ‘VBG’, the VBG Verwaltungs-Berufsgenossenschaft.…
On 6 December 2017 the Court ruled (ECLI:EU:C:2017:941) that a selective distribution system for luxury goods designed to preserve their prestige image is compatible with Article 101(1) TFEU, and that a clause prohibiting authorised retailers from selling…
By judgment of 30 March 2017 (ECLI:EU:C:2017:243) the Court held that a printed advertisement for products sold through an online platform may, within the limits imposed by the medium, refer consumers to the website for part of the mandatory information —…
By judgment of 23 January 2018 (ECLI:EU:C:2018:25) the Court ruled, in the words of the operative part: “1.
By judgment of 10 October 2017 (ECLI:EU:C:2017:745) the Court ruled, in the words of the operative part: “1.
By judgment of 22 June 2017 (ECLI:EU:C:2017:489) the Court held that the Dutch pre-pack — insolvency prepared in advance to relaunch the business immediately after bankruptcy — does not fall within the Article 5(1) insolvency exception of the Transfers…
On 27 September 2017 the Court ruled (ECLI:EU:C:2017:724) that where co-defendants in different Member States are sued over the same supply chain, a Community-design court can grant remedies with EU-wide effect against both.
On 7 July 2016 the Court ruled (ECLI:EU:C:2016:528) that the operator of a physical marketplace which sublets pitches to traders selling counterfeits is an "intermediary" under Article 11 of the Enforcement Directive, and injunctions against it are subject…
By judgment of 7 September 2016 (ECLI:EU:C:2016:633) the Court ruled, in the words of the operative part: “1.
On 28 July 2016 the Court ruled (ECLI:EU:C:2016:612) that in a collective injunction action the law applicable to assessing contract terms is determined by the Rome I Regulation even though the action itself falls under Rome II.
By judgment of 7 July 2016 (ECLI:EU:C:2016:527) the Court ruled, in the words of the operative part: “Article 3 of Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of…
By judgment of 27 October 2016 (ECLI:EU:C:2016:821) the Court held that it has jurisdiction to interpret harmonised technical standards adopted under the Construction Products Directive — EN 13242 forms part of EU law for preliminary-ruling purposes —…
One quirk of Spanish labour law is that where a state body abusively employs someone on a temporary contract without fully complying with the law, Spanish case law will deem that person to be working on the basis of ‘a non-permanent contract of indefinite duration’. The problem is that some…
By judgment of 26 February 2015 (ECLI:EU:C:2015:119) the Court held that the Resale Right Directive does not preclude the person liable for the artist's royalty, designated by national law, from agreeing with anyone else — including the buyer — that the…