CELEX: C2001/061/11
Language: en
Date: 2001-02-24 00:00:00
Title: Case C-473/00: Reference for a preliminary ruling by the Tribunal d'Instance, Vienne, by judgment of that court of 15 December 2000, rectified by a judgment of 26 January 2001, in the case of Codifis SA against Jean Louis Fredout

C 61/6                  EN                   Official Journal of the European Communities                                    24.2.2001
—    In holding that the jurisprudence characterising anti-             Does that requirement of the system of consumer protection
     dumping measures as legislative acts involving choices of          laid down by the directive that interpretation is to be in
     economic policy concerned cases ‘radically different’ from         conformity require a national court, when hearing an action
     the present case, and in thereby holding that a mere               for payment brought by a seller or supplier against a consumer
     infringement of Community law would suffice to give                with whom he has contracted, to set aside an exceptional
     rise to liability under Article 288 EC.                            procedural rule, such as that in Article L 311-37 of the
                                                                        Consumer Code, in so far as it prohibits the national court,
—    In holding that the October 1997 report prima facie                either on the application of the consumer or of its own
     suggested that the Respondent had complied with its                motion, from annulling any unfair clause which vitiates the
     undertaking and in holding therefore that;                         contract where the latter was made more than two years before
                                                                        the commencement of proceedings and in so far as it thereby
     a)     the Commission’s reaction in amending the report            permits the seller or supplier to rely in law on those clauses
            was disproportionate, and                                   and to base its action upon them?
     b)     the Commission had committed an error which                 (1) OJ L 95, 21.4.1993, p. 29.
            would not have been made had it exercised ordinary
            care and diligence.
—    In holding that the Respondent had shown reasonable
     diligence in mitigating the extent of the damage it had
     claimed to have suffered.                                          Appeal brought on 3 January 2001 by Asia Motor France
                                                                        SA, Jean-Michel Cesbron and Monin Automobiles SA
—    In holding that the Commission unjustifiably delayed in            against the judgment delivered on 26 October 2000 by
     adopting the necessary measures to restore the Respon-             the Fifth Chamber of the Court of First Instance of the
     dent’s undertaking and consequently holding that the               European Communities in Case T-154/98 between Asia
     Commission should bear full responsibility for the                 Motor France SA, Jean-Michel Cesbron and Monin Auto-
     Respondent’s loss of profit as from the end of January             mobiles SA and the Commission of the European Com-
     1998.                                                                                           munities
                                                                                                 (Case C-1/01 P)
(1) OJ C 160, 5.6.1999, p. 21.
                                                                                                 (2001/C 61/12)
                                                                        An appeal against the judgment delivered on 26 October 2000
                                                                        by the Fifth Chamber of the Court of First Instance of the
                                                                        European Communities in Case T-154/98 between Asia Motor
                                                                        France SA, Jean-Michel Cesbron and Monin Automobiles SA
                                                                        and the Commission of the European Communities was
                                                                        brought before the Court of Justice of the European Communi-
Reference for a preliminary ruling by the Tribunal d’In-                ties on 3 January 2001 by Asia Motor France SA, Jean-Michel
stance, Vienne, by judgment of that court of 15 December                Cesbron and Monin Automobiles SA, represented by
2000, rectified by a judgment of 26 January 2001, in the                J-C. Fourgoux of the Brussels and Paris Bars, with an address
        case of Codifis SA against Jean Louis Fredout                   for service in Luxembourg at the Chambers of P. Schiltz, 4 Rue
                                                                        Béatrix de Bourbon.
                         (Case C-473/00)                                The appellants claim that the Court should:
                                                                        —     set aside the judgment of the Court of First Instance of
                          (2001/C 61/11)                                      26 October 2000(1);
Reference has been made to the Court of Justice of the                  —     annul the Commission’s decision of 14 July 1998, and
European Communities by judgment of the Tribunal d’Instance             —     order the Commission to pay the costs.
(District Court), Vienne, of 15 December 2000, received at the
Court Registry on 27 December 2000, and rectified by a
judgment of 26 January 2001, for a preliminary ruling in the            Pleas in law and main arguments
case of Codifis SA v Jean Louis Fredout on the following
question:                                                               —     Infringement of fundamental rights: after dismissing the
                                                                              plea alleging breach of the requirement of a reasonable
                                                                              period [within which the administrative procedure must
Given that the protection under Council Directive 93/13/EEC                   be completed], necessary to ensure fair legal process,
of 5 April 1993 on unfair terms in consumer contracts (1)                     which constitutes a fundamental right, the Court of First
implies that a national court, applying provisions of national                Instance admitted that it was entitled to consider of its
law previous or subsequent to that directive, is to interpret                 own motion the question of infringement of essential
them so far as possible in the light of the wording and purpose               procedural requirements and of the procedural guarantees
of the latter;                                                                conferred by Community law, but decided not to do so.