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Document 61996CJ0045

Sprieduma kopsavilkums

Keywords
Summary

Keywords

Approximation of laws - Protection of the consumer in respect of contracts negotiated away from business premises - Directive 85/577 - Scope - Contract of guarantee for the repayment of a debt contracted by a person acting within the course of his trade or profession - Excluded

(Council Directive 85/577, Art. 2, first indent)

Summary

On a proper construction of the first indent of Article 2 of Directive 85/577 to protect the consumer in respect of contracts negotiated away from business premises, which defines a `consumer' for the purposes of the directive, a contract of guarantee concluded by a natural person who is not acting in the course of his trade or profession does not come within the scope of the directive where it guarantees repayment of a debt contracted by another person who, for his part, is acting within the course of his trade or profession.

In that connection, although it cannot be excluded that the directive applies to a contract of guarantee, it is apparent from the wording of Article 1 thereof and from the ancillary nature of guarantees that the directive covers only a guarantee ancillary to a contract whereby, in the context of `doorstep selling', a consumer assumes obligations towards the trader with a view to obtaining goods or services from him. Furthermore, since the directive is designed to protect only consumers, a guarantee comes within the scope of the directive only where, in accordance with the first indent of Article 2, the guarantor has entered into a commitment for a purpose which can be regarded as unconnected with his trade or profession.

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