Open AccessWhen hostess makes a difference in off-premises contract? – Commentary to order of the Cjeu Of 17.12.2019, C-465/19 B&L Elektrogeräte
Author(s) -
Marcin Trzebiatowski
Publication year - 2021
Publication title -
studia prawnicze kul
Language(s) - English
Resource type - Journals
eISSN - 2719-4264
pISSN - 1897-7146
DOI - 10.31743/sp.8991
Subject(s) - directive , exhibition , context (archaeology) , order (exchange) , aisle , business , german , law , law and economics , economics , political science , finance , engineering , computer science , art , history , archaeology , visual arts , programming language , structural engineering
A consumer off-premises contract still raises doubts, even in terms of basic concepts. In the context of Directive 2011/83, a problem arose how to understand a “public place” in which the contact established by the trader with the consumer in a personal and individual way, which directly results in the conclusion of a contract, makes it an off-premises contract. It was about the contact made by the hostess in the aisle of exhibition fairs leading to trade stands. Until now, it seemed that the consumer had to take into account the offers of traders right from the threshold of the market hall. The CJEU considered that in this case the contract was concluded off-premises. This decision has a significant impact on German practice, which was going in a different direction, as well as on Polish practice, in which there is no relevant case law.