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The Case Brought Between Paola Faccini Dori And Recreb Srl

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Jaclyn Clark The case brought between Paola Faccini Dori and Recreb Srl was brought before the Court in March 1992. The case was brought for a preliminary ruling under Article 177 of the EEC Treaty for the interpretation of Council directive 85/577/EEC. The directive is aimed at Consumer protections in contracts which are negotiated away from business premises (OJ 1985 L 372, pg. 31, hereinafter “the directive”). The main question was if the directive could be relied on in preceding’s between a trader and a consumer. On January 19th, 1989 Miss Faccini Dori and Interdiffusion SRL concluded a contract for an English Language correspondence court away from Interdiffusion’s business premises at Milan Central Railway station. Miss Faccini …show more content…

June 30th 1989 Recreb went to the Giudice Conciliatore di Firenze asking for them to step in and order Miss Faccini Dori to pay, with interest, the agreed upon amount that was in the contract. November 20th of the same year a judge ordered payment of Miss Faccini Dori. Miss Faccini Dori then objected to the order stating she had already removed herself from the contract following the directives instructions on how to do so. Italian law at the time had not yet taken steps to intergrade the directive into national law even though the time in which they were given to implement the directive into their national law was December 23rd 1987 and had already expired. The directive was not implemented until March 3rd 1992 with the addition of the adoption of another legislative act. Since the directive had not been transposed into national law during the material time of the claim the national court was indecisive if the directives provisions could be ultimately applied. The national court then referred the question to the Court for a preliminary ruling. One of the two questions it referred to the Court was if the provisions in the directive dealing with cancellation are unconditional and sufficiently suffice. In this regard The Court stated that Article 1(1) says the directive applied to contracts made with a consumer when the trader, who is providing goods and services, had independently organized to do business outside of its business premises

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