Giurisprudenza

  • Dettagli del caso
    • ID nazionale: 2077
    • Stato membro: Italia
    • Nome comune:Mario Ragone e Loredana Grimaldi v. Soc. Finemiro
    • Tipo di decisione: Altro
    • Data della decisione: 12/02/2000
    • Organo giurisdizionale: Tribunale
    • Oggetto:
    • Attore:
    • Convenuto:
    • Parole chiave:
  • Articoli della direttiva
    Doorstep Selling Directive, Article 1, 1.
  • Nota introduttiva
    1. A credit contract signed in relation with a time-sharing agreement negotiated away from business premises falls within the scope of both the article 121 Law 1 September 1993 n. 385, concerning the consumer credit contracts, and the Law 15 January 1992, n. 50.
    The Law 1 September 1993 n. 385 has implemented in the Italian legal systems the Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (Official Journal L 42 of 12.02.1987).
    The two disciplines (consumer credit contracts and contracts negotiated away from business premises) are not in contrast because they have different scopes and both are part of the legal framework for the protection of the consumers’ interests.
  • Fatti
    Mario Ragone e Loredana Grimaldi have brought an action before the Tribunale di Bologna to oppose to the injunction of payment obtained by the company Finemiro S.p.A.
    The company was claiming that they have not paid the instalments arising from the credit contract agreed between the parties. The contract concerned the credit necessary to enter a time-sharing agreement.
    As for the Mr. Ragone and Mrs. Grimaldi the Tribunale of Bologna was not competent over the case accordingly with the provisions of the Law 15 January 1992, n. 50.
  • Questione giuridica
  • Decisione

    The judge has firstly considered the qualification of the credit contract in question and its relation with the time-sharing agreement.
    The interpretation of the contract is particularly important to determine whether such agreement falls within the scope of the Law 1 September 1993 n. 385, on consumers credit contracts. Consumer credit contracts generally include transactions such as hire-purchase agreements, personal loans, residential home mortgages and personal credit cards.
    The Law 1 September 1993 n. 385 has implemented in the Italian legal systems the Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (Official Journal L 42 of 12.02.1987). The Directive has been amended by the Council Directive 90/88/EEC of 22 February 1990 (Official Journal L 61 of 10.3.1990) and the EU Parliament and Council Directive 98/7/EC of 16 February 1998 [Official Journal L 101 of 01.04.1998].
    Secondly, the Tribunale di Bologna has determined if this agreement concerning consumer credit is also regulated by the provisions of the Law 15 January 1992, n. 50 on the protection of the consumer in respect of contracts negotiated away from business premises.
    At this regard, the judge has not agreed on the decision of the Corte di cassazione 20 September 1999, n. 10145, by which the consumer credit contract is not ruled by the Law 15 January 1992, n. 50 because it falls under the specific discipline of the Law 1 September 1993 n. 385.
    Upon such basis, the Tribunale di Bologna concluded that a credit contract signed in relation with a time-sharing agreement negotiated away from business premises falls within the scope of both the article 121 Law 1 September 1993 n. 385, concerning the consumer credit contracts, and the Law 15 January 1992, n. 50 to protect the consumer in respect of contracts negotiated away from business premises.
    The two disciplines are not in contrast because they have different scopes and both are part of the legal framework established for the protection of the consumers’ interests.

    Testo integrale: Testo integrale

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