CELEX: C1998/166/01
Language: en
Date: 1998-05-30 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 17 March 1998 in Case C-45/96 (reference for a preliminary ruling from the Bundesgerichtshof): Bayerische Hypotheken- und Wechselbank AG v Edgar Dietzinger (Protection of the consumer in respect of contracts negotiated away from business premises - Guarantees)

30.5.98              EN                  Official Journal of the European Communities                                       C 166/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
              JUDGMENT OF THE COURT                                  directive where it guarantees repayment of a debt
                      (Fifth Chamber)                                contracted by another person who, for his part, is acting
                                                                     within the course of his trade or profession.
                     of 17 March 1998
in Case C-45/96 (reference for a preliminary ruling from             (1) OJ C 95 of 30.3.1996.
   the Bundesgerichtshof): Bayerische Hypotheken- und
          Wechselbank AG v Edgar Dietzinger (1)
(Protection of the consumer in respect of contracts
  negotiated away from business premises Ð Guarantees)
                       (98/C 166/01)                                                JUDGMENT OF THE COURT
                                                                                            (Fifth Chamber)
              (Language of the case: German)                                               of 17 March 1998
                                                                     in Case C-387/96 (reference for a preliminary ruling from
 (Provisional translation; the definitive translation will be        Svea Hovrätt): criminal proceedings against Anders
         published in the European Court Reports)                                              Sjöberg (1)
                                                                     (Social legislation relating to road transport Ð Exception
In Case C-45/96: reference to the Court under Article 177            granted for vehicles used by public authorities to provide
of the EC Treaty by the Bundesgerichtshof (Germany) for              public services which are not in competition with
a preliminary ruling in the proceedings pending before               professional road hauliers Ð Obligation on the driver to
that court between Bayerische Hypotheken- und Wechsel-                          carry an extract from the duty roster)
bank AG and Edgar Dietzinger Ð on the interpretation of
                                                                                             (98/C 166/02)
Council Directive 85/577/EEC of 20 December 1985 to
protect the consumer in respect of contracts negotiated
away from business premises (OJ L 372 of 31.12.1985,                                (Language of the case: Swedish)
p. 31) Ð the Court (Fifth Chamber), composed of: M.
Wathelet, President of the First Chamber, acting for the               (Provisional translation; the definitive translation will be
President of the Fifth Chamber, J. C. Moitinho de                             published in the European Court Reports)
Almeida, D. A. O. Edward, P. Jann and L. Sevón
(Rapporteur), Judges; F. G. Jacobs, Advocate General;
                                                                     In Case C-387/96: reference to the Court under Article 177
H. A. Rühl, Principal Administrator, for the Registrar, has
                                                                     of the EC Treaty from Svea Hovrätt (the Svea Court of
given a judgment on 17 March 1998, in which it has
                                                                     Appeal), for a preliminary ruling in the criminal
ruled:
                                                                     proceedings pending before that court against Anders
                                                                     Sjöberg Ð on the interpretation of Articles 13 and 14 of
On a proper construction of the first indent of Article 2 of         Council Regulation (EEC) No 3820/85 of 20 December
Directive 85/577/EEC of 20 December 1985 to protect                  1985 on the harmonisation of certain social legislation
the consumer in respect of contracts negotiated away from            relating to road transport (OJ L 370 of 31.12.1985, p. 1)
business premises, a contract of guarantee concluded by a            Ð the Court (Fifth Chamber), composed of: C. Gulmann,
natural person who is not acting in the course of his trade          President of the Chamber, M. Wathelet, J. C. Moitinho de
or profession does not come within the scope of the                  Almeida, P. Jann (Rapporteur) and L. Sevón, Judges; P.