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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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