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09 May 2014
Issue: 7605 / Categories: Case law , Law digest , In Court
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EU—Consumer protection

Pohotovost s. r. o. v Vašuta C-470/12, [2014] All ER (D) 31 (May)

The referring court asked whether Council Directive (EC) 93/13 (on unfair terms in consumer contracts) (the Directive), in particular Arts 6(1), 7(1) and 8 thereof, read in conjunction with Arts 38 and 47 of the Charter of Fundamental Rights of the European Union (the Charter), had to be interpreted as precluding national legislation which did not allow a consumer protection association to intervene in support of a consumer in proceedings for enforcement, against the latter, of an arbitration award.  

The court ruled that neither the Directive nor the directives that had followed it, adding to the legislative framework of the protection of consumers, contained any provision governing the role which might or had to be accorded to consumer protection associations in individual disputes involving a consumer. Thus, the Directive did not govern whether such associations had to be entitled to intervene in support in such individual disputes. It followed that, in the absence of EU legislation concerning the possibility for consumer protection associations

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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