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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 to intervene in individual disputes involving consumers, it was for

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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