CELEX: C1999/204/08
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (Third Chamber) of 22 April 1999 in Case C-423/97 (reference for a preliminary ruling from the Juzgado de Primera Instancia de Valencia (Spain): Travel Vac SL v Manuel José Antelm Sanchis (Directive 85/577/EEC - Scope - Time-share contracts - Right of renunciation)

17.7.1999                EN                       Official Journal of the European Communities                                            C 204/5
                  JUDGMENT OF THE COURT                                      5. Directive 85/577 precludes the inclusion in a contract of a clause
                                                                                  imposing payment by the consumer of a lump sum for damage
                                                                                  caused to the trader for the sole reason that the consumer has
                          (Third Chamber)                                         exercised his right of renunciation.
                          of 22 April 1999
                                                                             (1) OJ C 41 of 7.2.1998.
in Case C-423/97 (reference for a preliminary ruling from
the Juzgado de Primera Instancia de Valencia (Spain):
       Travel Vac SL v Manuel José Antelm Sanchis (1)
(Directive 85/577/EEC — Scope — Time-share contracts —
                       Right of renunciation)                                                  JUDGMENT OF THE COURT
                           (1999/C 204/08)                                                               (First Chamber)
                                                                                                        of 22 April 1999
                   (Language of the case: Spanish)
                                                                             in Case C-109/98 (reference for a preliminary ruling
                                                                             from the Tribunal Administratif de Dijon): CRT France
(Provisional translation; the definitive translation will be published       International SA v Directeur Régional des Impôts de
                    in the European Court Reports)                                                         Bourgogne (1)
In Case C-423/97: reference to the Court under Article 177 of                (Tax on the supply of CB sets — Charge having equivalent
the EC Treaty from the Juzgado de Primera Instancia de                       effect — Internal taxation — Applicability of the prohibition
Valencia (Spain) for a preliminary ruling in the proceedings                           thereof to trace with non-member countries)
pending before that court between Travel Vac SL and Manuel
José Antelm Sanchis — on the interpretation of Council                                                   (1999/C 204/09)
Directive 85/577/EEC of 20 December 1985 to protect the
consumer in respect of contracts negotiated away from
business premises (OJ 1985 L 372, p. 31) — the Court (Third                                        (Language of the case: French)
Chamber), composed of J.-P. Puissochet, President of the
Chamber, J.C. Moitinho de Almeida and C. Gulmann (Rappor-
teur), Judges; S. Alber, Advocate General; R. Grass, Registrar,              (Provisional translation; the definitive translation will be published
has given a judgment on 22 April 1999, in which it has ruled:                                     in the European Court Reports)
1. Council Directive 85/577/EEC of 20 December 1985 to protect
    the consumer in respect of contracts negotiated away from                In Case C-109/98: reference to the Court under Article 177 of
    business premises applies to a contract relating to the acquisition      the EC Treaty by the Tribunal Administratif de Dijon (France)
    of a right to use immoveable property on a time-share basis and          for a preliminary ruling in the proceedings pending before that
    to the provision of services whose value is higher than that of the      court between CRT France International SA and Directeur
    right to use the immoveable property.                                    Régional des Impôts de Bourgogne — on the interpretation of
                                                                             Articles 9, 12 and 95 of the EC Treaty — the Court
                                                                             (First Chamber), composed of P. Jann, President of Chamber,
2. A contract concluded in a situation in which a tracer has invited         D.A.O. Edward and L. Sevón (Rapporteur), Judges; G. Cosmas,
    a consumer to go in person to a specified place at a certain             Advocate General; H. von Holstein, Assistant Registrar, has
    distance from the place where the consumer lives and which is            given a judgment on 22 April 1999 in which it has ruled:
    different from the premises where the tracer usually carries on his
    business and is not clearly identified as premises for sales to the
    public, in order to present to him the products and services he is       Articles 9 and 12 of the EC Treaty preclude a tax borne by
    offering, must be considered to have been concluded during an            manufacturers, importers and persons making supplies in France of
    excursion organised by the tracer away from his business premises        transmitting-receiving sets operating on two-way channels and
    within the meaning of Directive 85/577.                                  imported from Member States, such as the tax governed by Article
                                                                             302 bis (X) of the Code Général des Impôts, and Articles 9, 12 and
3. The consumer can exercise his right of renunciation under Article         113 of the EC Treaty preclude a tax borne by manufacturers,
    5(1) of Directive 85/577 where the contract has been concluded           importers and persons making supplies in France of transmitting-
    in circumstances such as those described in Article 1 of that            receiving sets operating on two-way channels and imported from
    directive, without there being any need to prove that the consumer       non-member countries, such as the tax governed by Article 302 bis
    was influenced or manipulated by the trader.                             (X) of the Code Général des Impôts.
4. Directive 85/577 does not preclude a Member State from                    (1) OJ C 166 of 30.5.1988.
    adopting rules providing that the notice of renunciation provided
    for by Article 5(1) of the directive is not subject to any condition
    as to form.