Case law

  • Case Details
    • National ID: C-361/89
    • Member State: European Union
    • Common Name:Criminal proceedings against Patrice Di Pinto
    • Decision type: Other
    • Decision date: 14/03/1991
    • Court: European Court of Justice
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Doorstep Selling Directive, Article 1, 1. Doorstep Selling Directive, Article 2
  • Headnote
    1. A trader canvassed with a view to the conclusion of an advertising contract concerning the sale of his business is not to be regarded as a consumer protected by Council Directive 85/577 to protect the consumer in respect of contracts negotiated away from business premises.
    It follows from Article 2 of that directive that the criterion for the application of protection lies in the connection between the transactions which are the subject of the canvassing and the professional activity of the trader: the latter may claim that the directive is applicable only if the transaction in respect of which he has been canvassed lies outside his trade or profession. Acts which are preparatory to the sale of a business are connected with the professional activity of the trader; although such acts may bring the running of the business to an end, they are managerial acts performed for the purpose of satisfying requirements other than the family or personal requirements of the trader.
    2. Directive 85/577 does not preclude national legislation on canvassing from extending the protection which it affords to cover traders acting with a view to the sale of their business.
    Article 8 of that directive, which leaves Member States free to adopt or maintain more favourable provisions to protect consumers in the field covered by the directive, cannot be interpreted as precluding those States from adopting measures in an area with which it is not concerned, such as that of the protection of traders.
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