Rechtsleer

Consumer Rights Directive, Chapter 1, Article 2, (8), (c) Consumer Rights Directive, Chapter 1, Article 2, (9)

The author thoroughly analyses the impact of recent judgements in Belgium of the European Court of Justice regarding business premises and off-premises contracts. He concludes that there is a certain evolution in the case law which refines the unanimous judgement of the Court and again strengthens the protection of the consumer as regards off-premises contracts.

A contract between a trader and a consumer concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer, must be considered an off-premises contract. Although the contract concluded between a trader and a consumer in an exhibition stand will be considered as concluded in the business premises of the trader, even when the consumer was personally and individually addressed in the close vicinity of the trader’s stand, this will not be the case if the consumer has been personally and individually addressed in the hallways (corridors) or other general spaces of a hall and immediately thereafter concludes the contract in the stand of the trader. The latter contract will be considered as an off-premises contract. .

The contribution provides for further illustrations based on the Belgian context.