Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/17/2009

Subject: The Court affirmed that Directive 85/577/EEC, to protect the consumer in respect of contracts negotiated away from business premises, does not preclude a national court from declaring, of its own motion, that a contract falling within the scope of that directive is void on the ground that the consumer was not informed of his right of cancellation, even though the consumer at no stage pleaded that the contract was void before the competent national courts.

Parties: Martín Martín

Classification: Solidarity - Art. 38 Consumer protection

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