Case law

  • Case Details
    • National ID: A42060201
    • Member State: Latvia
    • Common Name:Key Promotions, LLC (applicant) / Consumer Rights Protection center (respondent)
    • Decision type: Other
    • Decision date: 23/08/2011
    • Court: Administratīvā rajona tiesa (First instance and/or appellate court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Doorstep Selling Directive, Article 1, 1. Doorstep Selling Directive, Article 2 Doorstep Selling Directive, Article 3, 1. Doorstep Selling Directive, Article 4
  • Headnote
    No Headnotes available.
  • Facts
    By telephone call Applicant invited three Clients to tourism service presentation at hotel’s conference room. Between Applicant and Clients was signed tourism services contract. Contract was concluded at hotel’s conference room (which is officially registered as Applicants department address). After conclusion of tourism service contract Clients wanted use the right of withdrawal in accordance with laws regulating situation when contract entered into outside the permanent location of sale or provision of services. Applicant rejected Clients desire use the right of withdrawal.
    Client informed Consumer Rights Protection center (CRPC) about actions of Applicants. CRPC decided to punish Applicant with penalty.
    Applicant goes to Administrative court with application regarding CRPC decision.
  • Legal issue
    Thesis: Consumer Rights Protection Law Art.9 prohibit expand situations which considered to be as situation when contract entered into outside the permanent location of sale or provision of services, i.e. if contract concluded after seller’s initiative summonses consumer in some appointed place or time (for example in a hotel, restourant or other place).

    Thesis: The right of withdrawal is directly related with place where agreement were conluded, i.e. such place must be located ouside the permanent location of sale or provision of services.

    Thesis: Contract concluding conditions are assessed pursuant to criteria mentioned in Consumer Rights Protection Law (Art.12) and Directive (Art.1-4).

    Thesis: Circumstance that service provider’s department address (location) are registered at hotel’s conference room, doesn’t approve that hotel’s conference room can be defined as permanent location of sale of services.
  • Decision

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result