Recent Developments In European Consumer Law
What will not be viewed as sufficient, is if the business just gives its e-mail address. Although, this means of communication can internationally be utilized, it is not seen as sufficient to point that the business intends to conduct business abroad. Using cases also the language of the web site may be a sign of a company directs its activities to consumers from a certain Member State.
Especially, when there is a choice of the language in which the website appears remaining to the buyer. A following factor might be the domain utilized by the company. If a company located in England runs on the domain of Spain.Es’, that may mean that this company pursues commercial or professional activity among Spanish consumers. It should also take responsibility for advertisements showing up in other press than online, e.g. Radio or TV.
The AG feels, however, that there must be a possibility given to the companies to announce obviously on their websites that they do not go after the commercial or professional activities in certain countries. Such restriction is appropriate if it does not infringe other European union commitments and privileges. In the Pammer case there is another question asked: whether the boat trip could be seen as a package travel, i.e. a transport that provides for a mixture of accommodation and travel – under Article 15 Sec.
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3 of the Council Regulation No. 44/2001. All other transportation agreements are excluded from the range of software of this Regulation specifically. The AG had no doubts that this is indeed the situation. The boat trip as offered in the given case combined travel – from Triest to Fernost – and provided accommodation for enough time of the travel within the same joint price.
Furthermore, the main purpose of this boat trip was not merely pure transportation but instead is providing the consumers with the likelihood to sightsee on the way from one place to another. The business was responsible not limited to the quality of the transportation but also for the quality of entertainment and accommodation.
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