Case law

  • Case Details
    • National ID: Decision no. 201/2015
    • Member State: Romania
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 04/01/2015
    • Court: Iași Tribunal
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: consumer, consumer rights, right of withdrawal
  • Directive Articles
    Distance Selling Directive, Article 6
  • Headnote
    Government Ordinance no. 130/2000 applies to agreements concluded with end-users having as object the provision of electronic communications services, if such end-users are consumers.
  • Facts
    The plaintiff was sanctioned by the National Agency for Consumer Protection due to breach of art. 4 para. 1 letter b) of Government Ordinance no. 130/2000 (transposing Directive 97/7/EC) in respect of the information requirement regarding the right to withdrawal of the consumer. The plaintiff challenged the sanction in court, arguing, inter alia, that it is not subject to Government Ordinance no. 130/2000, given that, pursuant to art. 6 letter c), said Ordinance is not applicable to agreements concluded with end-users having as object the provision of electronic communications services.
  • Legal issue
    The court argued that the agreement was concluded by the plaintiff with a consumer, not with a professional, and that, as such, said agreement is not exempted from the requirements under Government Ordinance no. 130/2000.
  • Decision

    Do the provisions under Government Ordinance no. 130/2000 apply to agreements concluded with end-users having as object the provision of electronic communications services?

    Full text: Full text

  • Related Cases

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  • Result
    The court rejected the appeal of the paintiff.