Opinion of the Advocate General — ECLI:EU:C:2004:716
Date: 2004-11-11
Language of the case: English
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment Approximation of laws – Protection of consumers in respect of distance contracts – Directive 97/7 – Scope – Exemptions provided for under Article 3(2) – Contracts for the provision of transport services – Meaning – Contracts for the provision of car hire services – Included (Parliament and Council Directive 97/7, Art. 3(2)) Article 3(2) of Directive 97/7 on the protection of consumers in respect of distance contracts is to be interpreted as meaning that ‘contracts for the provision of transport services’ can cover all contracts governing services in the field of transport, including those involving an activity which does not include, as such, the carriage of the customer or his goods, but which is aimed at enabling the customer to perform that carriage. That concept thus includes contracts for the provision of car hire services the essential nature of which is the making available to the consumer of a means of transport. (see paras 23, 27, 31, operative part)