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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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