EU Consumer Rights Directive.

[Amethyst]

Consultation on EU proposals for a Consumer Rights Directive (February 2009)
The OFT has published its response to BERR's consultation on the draft EU Consumer Rights Directive.

[Amethyst]

Re: EU Consumer Rights Directive.

With thoughts to the current consultation this is quite interesting historically.

8.51 We turn now to Article 32 (3). If the requirements in Article 31 are not
met, it appears that the main subject matter and the adequacy of the
remuneration will be examined in the same way as all other terms, by
application of Article 32(1) and (2). If this is not the intention and core
terms are only to be subject to Article 31, thus exempting them from
23 Director General of Fair Trading v First National Bank plc House of Lords (2001) UKHL
52, paragraph 33
OFT1051 90
more detailed consideration of fairness, then this should be more clearly
expressed.
8.52 Our concerns expressed above about the use of 'foreseen' and 'main
contractual obligation' are equally applicable here.
8.53 Further, it is unclear whether this exclusion is for a category of terms
which concerns the main subject matter of the contract or the adequacy
of the remuneration ('core terms' or 'excluded term' construction) from
the test of fairness or whether the assessment of fairness shall not relate
to the main subject matter or the adequacy of the price ('excluded
assessment' construction)24. Recital 49 provides that core terms are
exempt from scrutiny if the trader fully complies with the transparency
requirements in Article 31 but such terms should be taken into account
when assessing the fairness of other terms. However, Article 32(3) is
less clear on what is intended. We consider that this ambiguity needs to
be resolved in the CRD, particularly as this is an issue under the present
regime which is more clearly drafted.

[EXC]

Re: EU Consumer Rights Directive.

Where's it from?

That's the excluded term/excluded assessment debate that was a hot topic in the early part of the test case

[Budgie]

Re: EU Consumer Rights Directive.

It's from the OFT's response that Ame referenced in her first post


Ref 24 =

See Chitty on Contracts (30th Edition) Volume 1, paragraphs 15-051 to 15-054. Also,
OFT v Abbey National plc and 7 others (2008) EWHC 875 (Comm) at paragraph 422-
436

[Amethyst]

Re: EU Consumer Rights Directive.

Yip, just thought it was interesting, helpful or not I don't know, but interesting,

[Budgie]

Re: EU Consumer Rights Directive.

Yep, it is, am gonna have a full read through..................tomorrow.

[Budgie]

Re: EU Consumer Rights Directive.

Also for Ref

European Union Committee - Eighteenth Report
EU Consumer Rights Directive: getting it right

http://www.publications.parliament.u.../126/12602.htm

Section 8 is particularly useful reading (Chapter 8: Unfair contract terms)

[Guest]

Re: EU Consumer Rights Directive.

Hi just found this.

A lot of additiosn to the cca may be worth a thread of its own unless its already on here

http://www.bailii.org/uk/legis/num_r...html#pt4-l1g43