Saturday, May 5, 2012

Faccini Dori v. Recreb Srl case brief

Faccini Dori v. Recreb Srl

-P entered into k with language course company, 4 days later she attempted to cancel k, found liable for the k.
-Directive: protection of consumers in respect to k’s negotiated away from business premises required consumers be given right to cancel k, be informed, have 7 days.
-Italy did not implement directive until 5 years after deadline.
-If Italy did implement it, P would have not been liable.


Does the directive have horizontal direct effect?


No, binding only in relation to each member state to which it is addressed.


-Aim: to prevent the State from taking advantage of its own failures to comply with Community law.

-In the absence of measures transposing the directive within the prescribed time limit, consumers can not derive a right of cancellation as against traders with whom they have concluded a k or enforce such a right in a national court.

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