Rådsdirektiv 85/577/EØF av 20. desember 1985 om forbrukervern ved avtaler som inngås et annet sted enn på den næringsdrivendes faste forretningssted

Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises

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Fortolkningsdom avsagt av EU-domstolen 1.3.2012

Behandlende organ


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BAKGRUNN (fra Kommisjonens faktaark, engelsk utgave)

Contracts negotiated away from business premises

To protect consumers against dishonest business practices in connection with contracts negotiated away from business premises.

The Directive applies to:
* contracts entered into between a trader and a consumer during an excursion organised by the trader away from his business premises;
* contracts entered into during a visit by a trader to a consumer's home or place of work where the visit does not take place at the express wish of the consumer, or where the consumer requested the visit but could not have known the extent of the trader's commercial activities;
* contracts in respect of which the consumer makes a contractual or non-contractual offer to receive a visit from or take part in an excursion organised by a trader.

The Member States may decide that the Directive shall not apply to contracts involving payments below a certain amount. This amount, which may be revised every two years, is currently fixed at ECU 60.

The Directive shall not apply to:
* the construction, sale or rental of immovable property;
* the supply of foodstuffs, beverages or other goods intended for current consumption in the household and supplied by regular roundsmen;
* the supply of goods or services in cases where the contract is concluded on the basis of a trader's catalogue which the consumer may read in the absence of the trader, where there is intended to be continuity of contact between the parties in relation to the transaction, and where the right of the consumer to cancel the contract is clearly mentioned;
* insurance contracts;
* contracts for securities.

The trader is required to inform consumers in writing about their right to cancel the contract. Once consumers have been informed, they have seven days within which to exercise this right.



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