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Off-premise contracts

Writer's picture: Jyoti GogiaJyoti Gogia

Updated: Jul 5, 2021



Article 6 of the CRD determines the law that is applicable to “off-premise” and “distance contracts”. The directive also applies to “off-premises contracts” where a trader enters into a contract with a consumer away from the formers place of business, but in the physical presence of the consumer. The CJEU in Travel-Vac stated “As regards the question whether the contract was concluded away from the trader's business premises, it must be observed that this concept refers to premises in which the trader usually carries on his business and which are clearly identified as premises for sales to the public.’ The “place of business” is interpreted as where the trader carries out its essential decisions or where the central administration is carried out. For example, the judgment of the Court of Justice in Case C-73/06 Planzer, states that the “Determination of a company’s place of business requires a series of factors to be taken into consideration, foremost amongst which are its registered office, the place of its central administration, the place where its directors meet and the place, usually identical, where the general policy of that company is determined. Other factors, such as the place of residence of the main directors, the place where general meetings are held, the place where administrative and accounting documents are kept, and the place where the company’s financial, and particularly banking, transactions mainly take place, may also need to be taken into account.” Moreover, in relation to off-premises contracts, Member states may adopt stricter requirements than those laid out in the CRD. In off-premises contracts Member states may exclude the application of the CRD where the payment obligations of the consumer does not exceed the amount of 50 euros

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