do-me/EUR-LEX huggingface dataset:
Case C-70/11: Action brought on 16 February 2011 — European Commission v Kingdom of Sweden
Date: 2011-02-16
Institutions: Court of Justice
Subjects: Sweden, consumer information, contract, distance selling, financial transaction








C_2011120EN.01000601.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/6





Action brought on 16 February 2011 — European Commission v Kingdom of Sweden
(Case C-70/11)
2011/C 120/10
Language of the case: Swedish

Parties


Applicant: European Commission (represented by: J. Enegren and M. Owsiany-Hornung, acting as Agents)

Defendant: Kingdom of Sweden

Form of order sought







—


Declare that, by providing that a trader, if a consumer exercises his right of withdrawal, can require not only that the consumer pay for that part of the financial service which has already been supplied but can also require payment of reasonable costs for services relating to the time before the trader accepted the consumer’s confirmation that he had withdrawn from the contract, the Kingdom of Sweden has failed to fulfil its obligations under Directive 2002/65/EC of the European Parliament and of the Council (1) of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC, and










—


order the Kingdom of Sweden to pay the costs.





Pleas in law and main arguments

In accordance with recital 13 in the preamble to the directive, Member States should not be able to adopt provisions other than those laid down in this Directive in the fields it harmonises, unless otherwise specifically indicated in it.
It is apparent from Article 6(1) of the directive that the Member States are to ensure that the consumer has a period of 14 calendar days to withdraw from the contract without penalty and without giving any reason.
Under Article 7(1) of the directive, when the consumer exercises his right of withdrawal he may only be required to pay for the service actually provided by the supplier in accordance with the distance contract.
It follows from the second sentence of Chapter 3, Paragraph 11, of the Law on distance and doorstep selling (2005:59) (distans- och hemförsäljningslagen) that traders, in addition to payment for the service actually provided, can also require payment for reasonable costs.
In the legislation which implements the directive, Sweden has thus introduced provisions which go beyond what is laid down in Article 7(1) of the directive as regards the consumer’s right of withdrawal.
In all the circumstances, Sweden does not appear to have transposed Article 7(1) of the directive with the clarity and precision laid down by the Court in order that the requirement for legal certainty be met.


(1)  OJ L 271, p. 16.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council on repealing certain obsolete Council acts in the field of the common agricultural policy’ — COM(2010) 764 final — 2010/0368 (COD)
Date: 2011-02-16
Institutions: European Economic and Social Committee
Subjects: Community acquis, Council of the European Union, EU law, application of EU law, common agricultural policy, drafting of EU law








C_2011107EN.01007201.xml










6.4.2011   


EN


Official Journal of the European Union


C 107/72





Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council on repealing certain obsolete Council acts in the field of the common agricultural policy’
COM(2010) 764 final — 2010/0368 (COD)
2011/C 107/15
On 18 January 2011 the European Parliament and on 27 January 2011 the Council decided to consult the European Economic and Social Committee, under Articles 42 first indent, 43 (2) and 304 of the Treaty on the Functioning of the EU, on the

Proposal for a Regulation of the European Parliament and of the Council on repealing certain obsolete Council acts in the field of the common agricultural policy

COM(2010) 764 final — 2010/0368 (COD).
Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 469th plenary session of 16 and 17 February 2011 (meeting of 16 February 2011), by 128 votes with one abstention, to issue an opinion endorsing the proposed text.

Brussels, 16 February 2011.


The President of the European Economic and Social Committee

Staffan NILSSON
Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Directive on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States’ (Recast) — COM(2010) 784 final — 2010/0387 (CNS)
Date: 2011-02-16
Institutions: European Economic and Social Committee
Subjects: corporation tax, parent company, subsidiary, tax on profits of self-employment, tax system








C_2011107EN.01007301.xml










6.4.2011   


EN


Official Journal of the European Union


C 107/73





Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Directive on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States’ (Recast)
COM(2010) 784 final — 2010/0387 (CNS)
2011/C 107/16
On 25 January 2011 the Council decided to consult the European Economic and Social Committee, under Article 113 of the Treaty on the Functioning of the European Union, on the

Proposal for a Council directive on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (Recast)
COM((2010) 784 final — 2010/0387 (CNS).
Since the Committee unreservedly endorses the contents of the proposal and has already set out its views on the subject in its earlier opinion on Common system of taxation/ parent companies and subsidiaries; OJ 2009/C 182/18 p. 77, adopted on 14 January 2009, it decided, at its 469th plenary session of 16 and 17 (meeting of 16 February 2011), by 115 votes to zero with three abstentions, to issue an opinion endorsing the proposed text and to refer to the position it had taken in the above-mentioned document(s).

Brussels, 16 February 2011.


The President of the European Economic and Social Committee

Staffan NILSSON