The European Commission adopted today a guidance note on unfair contract terms. It is intended to ensure that consumer associations and legal practitioners, including judges, will be better equipped to protect EU consumers from unfair contract terms. The guidance note is based on the case law of the EU Court of Justice on Directive 93/13. As a complement to the guidance note, European businesses
Last Thursday, on July 11th, the CJEU published the judgment in the case České aerolinie (C-502/18) further interpreting provisions of Regulation No 261/2004 on compensation due in case of a delay of one of the connecting flights. Here, the uncertainty arose from the fact that whilst passengers booked flights from Prague (Czech Republic) to Bangkok (Thailand), they had a connection in Abu Dhabi
On July 10, the CJEU supported AG Pitruzzella's opinion (Online chats...) in the case Amazon EU (C-649/17) that Article 6 of the Consumer Rights Directive does not place on distance selling traders an obligation to set up the means of communication specified in that provision (phone line, fax, e-mail). Such an interpretation could disproportionately burden especially small businesses (para. 48).
Today the CJEU issued a judgment in the case HQ and Others (C-163/18), which we previously discussed as the Aegean Airlines case (Avoiding double claims at all cost...). The CJEU followed the argumentation presented by AG Saugmandsgaard Øe and decided that as long as passengers have a right to claim a reimbursement of their air tickets' costs from a package tour organiser pursuant to the
Earlier today the Court of Justice delivered its judgment in a very interesting case C-393/17 Kirschstein. As reported in our earlier post on the opinion of Advocate-General, the case concerned the application of the Unfair Commercial Practices and the Services Directives in the sector of higher education. In the judgment issued today the Court agreed with the Advocate-General that the national
The discussion about the role of platform operators in content moderation is perhaps as old as online intermediaries themselves. Since the very beginning it involved a delicate balance between conflicting considerations: eg how to protect the freedom of expression, the freedom to conduct a business and the right to an effective remedy while ensuring that intellectual property and personality
What happens when a Slovenian court asks the EU Court of Justice a question on which the answer should already clearly follow from previous case law on Directive 93/13? Then the Advocate General might not give an Opinion, but in Case C-407/18 Kuhar v Addiko Bank the Court provides a concise overview of its case law pertaining to, in particular, Spain and Poland, and explains what this means for
Today the CJEU followed opinion of AG Tanchev (Crying over spilled fuel...) in the case Moens (C-159/18) and decided that if there is a fuel spilled on a runway, which leads the airport to close that runway, preventing flights from take off and landing, then the impacted air carriers may invoke the defence of extraordinary circumstances from Art. 5(3) Regulation 261/2004. Provided, of course,
A couple of days ago the CJEU delivered its judgment in case C-58/18 Michel Schyns v Banifius Banque SA. Luckily, the CJEU proceeded to decide on the merits of the case in spite of the vagueness of the application (see our report on AG Kokott's opinion in this case here).
The facts of the case
To remind ourselves, this case concerns the interpretation of Directive 2008/48/EC on Consumer Credit
On 12th June the CJEU issued its judgement on the Orange Polska case (C‑628/17) on the meaning of the aggressive practices provisions in the Unfair Commercial Practices Directive. This blog previously reported on the AG opinion on the case. The facts of the case will be summarised here, but they are analysed in greater detail in that post.
The referring court asked whether the practice in