Consumer Protection

Stephan Keiler's picture

ECJ: Definition of a Package / Directing professional activities (International Jurisdiction)

In Cases C-585/08 (Pammer vs Schlueter) and C-144/09 (Hotel Alpenhof vs Heller) [remark: not joint but decided together] ECJ had to decide whether a so called passive website of a Hotel respectively a travel agent meets the requirement of 'directing professional activities' to the (other) EU member state where the consumer has his habitual residence (according to Art 15 Nr 1 lit c Brussels I Regulation). The question arises with respect to international (exclusive) jurisdiction.

Michael Wukoschitz's picture

UNWTO executive council proposes a global legal framework for the protection of tourists

As a consequence of the impact of this April's "ash cloud" on tourism activity in Europe, the 89th Session of UNWTO Executive Council (Kish Island, I.R. of Iran, October 25-26, 2010) has decided to initiate a study on a possible new legal instrument for protecting tourists. The study will focus on the harmonization of issues directly linked with the rights and obligations of tourists and stakeholders and will be modeled upon existing regulations.

Michael Wukoschitz's picture

Germany: Seminar on "EU Passengers' Rights - Strengthening the role of transport users" at Academy of European Law

The Academy of European Law (ERA) in Trier is organising a seminar on "EU Passengers' Rights - Strengthening the role of transport users" the objective of which is to analyse and discuss the existing legislative framework and its application, proposals for further initiatives in the field, as well as the interaction of passengers' and consumers' rights and the challenges for the future.

Michael Wukoschitz's picture

Canada: new time share law to come into force in Alberta

To keep pace with the changes in how vacation ownership products are structured, marketed and sold, Alberta provincial government has adopted Regulation 105/2010, also known as the “Time Share and Points-Based Contracts and Business Regulation”, to replace the “Time Share Contracts Regulation” as of November 1, 2010.

Michael Wukoschitz's picture

Belgium: judicial review of airlines' contractual conditions

The Belgium consumer association Test-Achats claimed that the websites and contractual conditions of three airlines - Brussels Airlines, Ryanair and EasyJet - were incompatible with Belgium's fair trading legislation which inter alia implements EU Directive 2005/29 on unfair business-to-consumer commercial practices.

Michael Wukoschitz's picture

European Union: OnlineTicket Sales Sweep

On 16 September 2010, EU Consumer Commissioner John Dalli announced the initial results of the 2010 Sweep, targeting websites selling tickets to cultural and sporting events.

Michael Wukoschitz's picture

UK: online advertisements will come under the regulation of the Advertising Standards Authority

From next year, the rules in the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the CAP Code) will apply in full to marketing communications online, including the rules relating to misleading advertising, social responsibility and the protection of children. The remit will apply to all sectors and all businesses and organisations regardless of size.

Michael Wukoschitz's picture

No right of withdrawal from car hire contracts

Interpreting Art. 3(2) of the European Directive 97/7/EC on the protection of consumers in respect of distance contracts, European Court of Justice in a recent preliminary judgement (easyCar UK Ltd v. Office of Fair Trading) held that the exemption made in regard to "provison of transport services" includes contracts for the provision of car hire services. Consumers therefore have no unrestricted right of withdrawal within a specific period after conclusion of contract, even if same was concluded as a "distance contract" via the internet (ECJ 2005-03-10, C-336/03).

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