CELEX: C2003/007/06
Language: en
Date: 2003-01-11 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 21 November 2002 in Case C-473/00 (Reference for a preliminary ruling from the tribunal d'instance de Vienne): Cofidis SA v Jean-Louis Fredout (Directive 93/13/EEC — Unfair terms in consumer contracts — Action brought by a seller or supplier — National provision prohibiting the national court from finding a term unfair, of its own motion or following a plea raised by the consumer, after the expiry of a limitation period)

C 7/4                    EN                       Official Journal of the European Communities                                          11.1.2003
1.    Articles 43 EC and 48 EC preclude a national provision such            preliminary ruling in the proceedings pending before that
      as that at issue in the main proceedings, which excludes the           court between Cofidis SA and Jean-Louis Fredout, on the
      transferor at undervalue of shares in companies from the benefit       interpretation of Council Directive 93/13/EEC of 5 April 1993
      of deferral of tax due on capital gains made on those shares           on unfair terms in consumer contracts (OJ 1993 L 95,
      where the transfer is to a foreign legal person in which the           p. 29), the Court (Fifth Chamber), composed of: M. Wathelet,
      transferor directly or indirectly has a holding — provided that        President of the Chamber, C.W.A. Timmermans,
      that holding gives him definite influence over the decisions of        D.A.O. Edward, A. La Pergola and P. Jann (Rapporteur),
      that foreign legal person and allows him to determine its              Judges; A. Tizzano, Advocate General; L. Hewlett, Principal
      activities — or to a Swedish limited company which is a branch         Administrator, for the Registrar, has given a judgment on
      of such a foreign legal person.                                        21 November 2002, in which it has ruled:
2.    Articles 56 EC and 58 EC preclude a national provision such
                                                                             Council Directive 93/13/EEC of 5 April 1993 on unfair terms in
      as that at issue in the main proceedings, which excludes the
                                                                             consumer contracts precludes a national provision which, in proceed-
      transferor at undervalue of shares in companies from the benefit
                                                                             ings brought by a seller or supplier against a consumer on the basis
      of deferral of tax due on capital gains made on those shares
                                                                             of a contract concluded between them, prohibits the national court,
      where the transfer is to a foreign legal person in which the
                                                                             on expiry of a limitation period, from finding, of its own motion or
      transferor directly or indirectly has a holding which is not such
                                                                             following a plea raised by the consumer, that a term of the contract
      as to give him definite influence over the decisions of that
                                                                             is unfair.
      foreign legal person or allow him to determine its activities.
                                                                             (1 ) OJ C 61 of 24.2.2001.
( 1) OJ C 45 of 10.2.2001.
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                            (Sixth Chamber)
                       of 21 November 2002                                                         of 21 November 2002
in Case C-473/00 (Reference for a preliminary ruling from                    in Case C-23/01 (Reference for a preliminary ruling from
the tribunal d’instance de Vienne): Cofidis SA v Jean-                       the Hof van Beroep te Brussel): Robelco NV v Robeco
                           Louis Fredout (1)                                                             Groep NV (1)
(Directive 93/13/EEC — Unfair terms in consumer contracts                    (Directive 89/104/EEC — Article 5(5) — Provisions on
— Action brought by a seller or supplier — National                          protection against use of a sign other than for the purposes
provision prohibiting the national court from finding a term                 of distinguishing goods or services — Extent of such
unfair, of its own motion or following a plea raised by the                              protection — Signs similar to the mark)
        consumer, after the expiry of a limitation period)
                                                                                                        (2003/C 7/07)
                            (2003/C 7/06)
                                                                                                 (Language of the case: Dutch)
                     (Language of the case: French)
                                                                             (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                          in the European Court Reports)
                    in the European Court Reports)
                                                                             In Case C-23/01: Reference to the Court under Article 234 EC
In Case C-473/00: Reference to the Court under Article 234                   by the Hof van Beroep te Brussel (Belgium) for a preliminary
EC by the Tribunal d’instance de Vienne (France) for a                       ruling in the proceedings pending before that court between