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Case Details

Case Details
National ID link
Lidstaat België
Common Name link
Decision type Overige
Decision date 22/01/2016
Gerecht Cour de cassation
Onderwerp
Eiser S.A.
Verweerder Immobilière L.A., O.L. and P.D.
Trefwoorden contract law, information obligation, right of cancellation, right of withdrawal

Distance Selling Directive, link Doorstep Selling Directive, link

Where a contract which was entered into outside of the trader's business premises is penalized by a criminal fine if the consumer's right of withdrawal has not been included therein under the legal phrasing, then this does not imply that the contract is absolutely null.
The case concerned the interpretation of a contract concluded between a consumer (plaintiff) and a real estate agent (defendant). Plaintiff claimed that the contract concluded with the defendant was absolutely null on account of it not including the necessary information on the right of withdrawal.
Where a contract which was entered into outside of the trader's business premises is penalized by a criminal fine if the consumer's right of withdrawal has not been included therein under the legal phrasing, does this then imply that the contract is absolutely null?
The court stated that the fact that a specific statutory requirement is penalized by a criminal sanction does not automatically mean that this statutory provision is of public policy (ordre public) and that ex officio nullity may be invoked.
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The court referred the case back to the Court of Appeal of Mons