Criminal proceedings against Patrice Di Pinto. (Approximation of laws) [1991] EUECJ C-361/89 (14 March 1991)

Criminal proceedings against Patrice Di Pinto. (Approximation of laws) [1991] EUECJ C-361/89 (14 March 1991)

A trader canvassed with a view to the conclusion of an advertising contract concerning the sale of his business is not to be regarded as a consumer protected by Directive 85/577/EEC, as such acts are connected with the trader's professional activity. The directive does not preclude national legislation from extending protection to traders.

Citation
[1991] EUECJ C-361/89
Parties
Appellant/defendant: Mr Di Pinto; Respondent: Public Prosecutor
Jurisdiction
European Union
Judgment Date
14 March 1991
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference From Cour D'appel De Paris to Court of Justice of the European Communities
Outcome
Preliminary ruling issued; questions answered as set out in the judgment.
Legal Topics
Interpretation of Council Directive 85/577/eec, Definition of Consumer, Scope of Consumer Protection in Doorstep Selling, Compatibility of National Law With EU Law
European Union Law Consumer Protection Law Criminal Law Interpretation of Council Directive 85/577/eec Definition of Consumer Scope of Consumer Protection in Doorstep Selling Compatibility of National Law With EU Law

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Parties

Mr Di Pinto

Appellant/defendant

Public Prosecutor

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference From Cour D'appel De Paris to Court of Justice of the European Communities

Legal Issues

  1. 1 Whether a trader canvassed at home in connection with the sale of his business is entitled to consumer protection under Directive 85/577/EEC
  2. 2 Whether Article 8(I)(e) of the French Law of 22 December 1972 is compatible with Directive 85/577/EEC and other Community law provisions

Ratio Decidendi

A trader canvassed with a view to the conclusion of an advertising contract concerning the sale of his business is not to be regarded as a consumer protected by Directive 85/577/EEC, as such acts are connected with the trader's professional activity. The directive does not preclude national legislation from extending protection to traders.

Court Disposition

Preliminary ruling issued; questions answered as set out in the judgment.

Orders

  • A trader canvassed with a view to the conclusion of an advertising contract concerning the sale of his business is not to be regarded as a consumer protected by Council Directive 85/577/EEC.
  • Directive 85/577/EEC does not preclude national legislation on canvassing from extending protection to traders acting with a view to the sale of their business.