Case law

  • Case Details
    • National ID: A42064751
    • Member State: Latvia
    • Common Name:220.LV, LLC (applicant) / Consumer Rights Protection center (respondent)
    • Decision type: Other
    • Decision date: 08/03/2011
    • Court: Administratīvā rajona tiesa (First instance and/or appellate court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Distance Selling Directive, Article 2, (1)
  • Headnote
    No Headnotes available.
  • Facts
    Consumer Rights Protection center (CRPC) requested Applicant to make a corrections (amendments) in information which is published in Applicant’s web-store. Present information contains unfair contractual terms.
    Applicant declined CRPC request regarding incorrect information. CRPC take decision to punish Applicant with penalty.
    Applicant goes to Administrative court with application regarding CRPC decision.
  • Legal issue
    Thesis: A distance contract is an agreement between a consumer and a trader or service provider on the basis of an offer by the trader or service provider through directed or non-directed printed matter, model letter, catalogue, advertisement published in periodicals to which an order form is attached, telephone, facsimile, internet, electronic mail, television, radio and other means of communication or transmission of information.
    Thesis: Agreement is concluded only when buyer accepts seller’s offer and inform about it seller (ordering some goods, full-filing forms, giving information etc.). Therefore there is no matter how buyer receives ordered goods (by post or at client’s center)- between client and seller is concluded distance contract where most important thing is moment when contract is concluded and way in which contract is concluded, i.e. by distance communication tool.
    Thesis: Only the client (as weakest contractual part) has the right to withdraw unilaterally from a contract without payment of penalties, interest or compensation for losses.
    Thesis: If customer (buyer) order (buy) good at the internet store, he has right of withdrawal (in context of distance contract) and its (the right of withdrawal) can be changed (or limited) by another agreement.
  • Decision

    Full text: Full text

  • Related Cases

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  • Result