Sodna praksa

  • Podatki o zadevi
    • Nacionalna ID: Court of Appeal, Judgment I CP 2381/2017
    • Država članica: Slovenija
    • Splošno ime:N/A
    • Vrsta odločbe: Sodna odločba v pritožbenem postopku
    • Datum odločbe: 13/02/2018
    • Sodišče: Court of Appeal
    • Zadeva:
    • Tožnik:
    • Toženec:
    • Ključne besede: classic consumer contract, off-premises contract, criteria, right to withdrawal
  • Členi direktive
    Consumer Rights Directive, Chapter 3, Article 8
  • Uvodna opomba

    ECLI:SI:VSLJ:2018:II.CP.2381.2017


    The contract concluded between the parties to the litigation must be considered as a contract concluded outside the establishment within the meaning of article 43 of the ZVPot and article 8.2 of Directive 2011/83 / EU of the European Parliament and of the Council of December 25, 2011.

  • Dejstva

    Contract concluded between the parties outside the commercial settlement. A "free facial treatment" was offered, but the consumer was not informed that after the treatment he would be offered and presented products for him to buy. The plaintiff (consumer) alleges that he felt pressured, and was caught off guard, which forced him to buy these products after the "free" treatment.

  • Pravna zadeva

    Contractual relationship in the case of the conclusion of a contract outside the commercial establishment.

  • Odločba

    The fact that the consumer is the "weak" party in the contract, does not imply that he has an unquestionable right to terminate the contract without a justified reason, whether or not in the establishment of the distributor, in accordance with Recital No. 4 of the Directive. 2011/83 / EU.


    URL: http://www.sodnapraksa.si/?q=id:2015081111416463&database[SOVS]=SOVS&database[IESP]=IESP&database[VDSS]=VDSS&database[UPRS]=UPRS&_submit=i%C5%A1%C4%8Di&page=0&id=2015081111416463

    Celotno besedilo: Celotno besedilo

  • Povezane zadeve

    Zadetki niso na voljo

  • Pravna literatura

    Zadetki niso na voljo

  • Zadetek

    The appeal is dismissed, reason why the judgment of First Instance is confirmed by the Court of Appeal.