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Case Details

Case Details
National ID 5 Co 2864/2008
Member State Czech Republic
Common Name link
Decision type Court decision in appeal
Decision date 06/02/2009
Court Regional Court in České Budějovice
Subject
Plaintiff K.N.
Defendant J.A.
Keywords accommodation, consumer, contract law, withdrawal period

Distance Selling Directive, Article 3, 2.

The court is allowed to use the Austrian law in cases of contractual disputes in the field of accommodation, if the Austrian law fully reflect the law of the European Union. The Directive 97/7/EC should be used subsidiary in such cases.
Defendant (Czech consumer) concluded a contract about accommodation services with plaintiff (Austrian entrepreneur). Defendant canceled the contract in the day of entry into force of the contract (first day of using the accommodation). However, the plaintiff demanded the payment from the defendant.
The Regional Court in České Budějovice confirmed the decision of the lower court. The using of the Austrian law in accordance with the law of the European Union was correct. The defendant is obliged to pay the concluded price. The plaintiff had no duty to inform the defendant about terms of withdrawal of the contract.
Is the Czech Court allowed to use Austrian law in disputes between Czech and Austrian subjects?
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Member State Title Author
Czech Republic Application of EU law by Czech courts in private matters in 2004-2008 Helena Bončková, Milan Žondra
The previous decision was confirmed. The amount of interests to be paid by the defendant was canceled.