Is a trader canvassed at home in connection with the sale of his business entitled to the protection accorded to consumers by the Directive of the Council of the European Communities of 20 December 1985?

A trader in such a situation is not regarded as a consumer protected by Directive 85/577.

Is Article 8(I)(e) of the Law of 22 December 1972 compatible with the aforementioned directive and the other provisions of Community law protecting consumers in cases of doorstep canvassing?

Directive 85/577 does not preclude national legislation from extending consumer protection to cover traders.

Traders selling their business are not consumers under Directive 85/577; national laws can extend protection.

European Court of Justice · Judgment

Judgment of the Court (First Chamber) of 14 March 1991. - Criminal proceedings against Patrice Di Pinto. - Reference for a preliminary ruling: Cour d'appel de Paris - France. - Consumer protection - Doorstep canvassing. - Case C-361/89.

Rechtsvraag

Whether a trader canvassed for the purpose of concluding an advertising contract concerning the sale of his business is entitled to consumer protection under Council Directive 85/577/EEC, and whether national legislation can extend this protection to such traders.

Regel

Art. 2, Council Directive 85/577 (Defines a 'consumer' as a natural person who is acting for purposes outside his trade or profession.)
Art. 8, Council Directive 85/577 (Allows Member States to adopt more favorable provisions to protect consumers.)

Conclusie

The court concluded that a trader canvassed for an advertising contract related to the sale of his business is not considered a 'consumer' under Directive 85/577 and thus is not entitled to its protections. However, the directive does not prevent national laws from extending such protections to traders in this context.

Tijdlijn

22-12-1972 Law No 72-1137 on the protection of consumers regarding canvassing and door-to-door selling was enacted, providing consumers with the right to renounce contracts within seven days.
20-12-1985 Council Directive 85/577/EEC was enacted to protect consumers in respect of contracts negotiated away from business premises.
July 1985 Mr. Di Pinto contravened the Law on canvassing by requesting immediate payments for advertising contracts.
1986 Mr. Di Pinto continued to contravene the Law on canvassing during 1986.
1987 Mr. Di Pinto continued to contravene the Law on canvassing during 1987.
28-03-1989 The court imposed a one-year suspended prison sentence and a fine of FF 15,000 on Mr. Di Pinto for contravening the Law on canvassing.
04-04-1989 Both Mr. Di Pinto and the Public Prosecutor appealed against the judgment to the Cour d'Appel de Paris.
07-07-1989 The court confirmed the judgment of first instance on Mr. Di Pinto's criminal liability and sentenced him to one year's imprisonment and a fine of FF 15,000.
11-07-1989 Mr. Di Pinto appealed against the enforcement of the judgment.
17-11-1989 The Cour d'Appel de Paris referred two questions to the European Court of Justice for a preliminary ruling regarding the interpretation of Directive 85/577.
29-11-1989 The European Court of Justice received the questions referred by the Cour d'Appel de Paris.
14-11-1990 The ECJ heard oral arguments from Mr. Di Pinto, the French Government, the United Kingdom, and the Commission.