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European Observer on fundamental right's respect

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Case Law C-191/15 (27/07/2016)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/27/2016

Subject: The Court affirmed that Directive 93/13/EEC on unfair terms in consumer contracts must be interpreted as meaning that a term in the general terms and conditions of a seller or supplier which has not been individually negotiated, under which the contract concluded with a consumer in the course of electronic commerce is to be governed by the law of the Member State in which the seller or supplier is established, is unfair in so far as it leads the consumer into error by giving him the impression that only the law of that Member State applies to the contract, without informing him that he also enjoys the protection of the mandatory provisions of the law that would be applicable in the absence of that term. Moreover the Court affirmed that the processing of personal data carried out by an undertaking engaged in electronic commerce is governed by the law of the Member State to which that undertaking directs its activities, if it is shown that the undertaking carries out the data processing in question in the context of the activities of an establishment situated in that Member State

Parties: Verein für Konsumenteninformation

Classification: Freedoms - Art. 8 Personal data: fairly processing - Solidarity - Art. 38 Consumer protection

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