Case law

  • Case Details
    • National ID: H336/01
    • Member State: Netherlands
    • Common Name:Pelican Resort Club tegen Edward Reahl
    • Decision type: Other
    • Decision date: 27/09/2002
    • Court: Gemeenschappelijke Hof Nederlandse (Appellate court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Timeshare Directive, Article 1 Timeshare Directive, Article 2
  • Headnote
    The definition of time share, based on the implementation of directive 94/47, does not exclude the option that time-share can be qualified as rent.
  • Facts
    (Details about the case are not available, but the case seems tot be that the owner of property that is given in timeshare has changed. This leads to the question whether the timeshare holder can call upon the rule regarding rent-agreements that sale doesn’t break rent.)
    The question is whether the timeshare-agreement of the type that is used by Reahl also qualifies as a hire-agreement.
  • Legal issue
    The definition of time-share as given in article 7:48a BW (which is an implementation of directive 94/47/EC) does not exclude the possibility that time-share can also be qualified as rent, regardless the regional meaning that is attached to time-share.
  • Decision

    Full text: Full text

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  • Result