Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 04/23/2009

Subject: The Court affirmed that where a supplier fails to perform its obligations, consumers have the right to termination of the credit agreement and to reimbursement of sums already paid to the grantor of credit. Making the consumer’s pursuit of remedies against the grantor of credit subject to the condition that there be a pre-existing exclusivity clause between the grantor of credit and the supplier would be at variance with the aim of the consumer credit directive, which is primarily to protect the consumer as the weaker contracting party.

Parties: Scarpelli

Classification: Solidarity - Art. 38 Consumer protection

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