Case law

  • Case Details
    • National ID: 5 Co 2864/2008
    • Member State: Czechia
    • 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
  • Directive Articles
    Distance Selling Directive, Article 3, 2.
  • Headnote
    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.
  • Facts
    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.
  • Legal issue
    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.
  • Decision

    Is the Czech Court allowed to use Austrian law in disputes between Czech and Austrian subjects?

    Full text: Full text

  • Related Cases

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  • Legal Literature
    Sorted by
    • Member State: Czechia
    • Title: Application of EU law by Czech courts in private matters in 2004-2008
    • Author: Helena Bončková, Milan Žondra

    Czechia Application of EU law by Czech courts in private matters in 2004-2008 Helena Bončková, Milan Žondra
  • Result
    The previous decision was confirmed. The amount of interests to be paid by the defendant was canceled.