THE INCORRECT IMPLEMENTATION OF THE CONCEPT OF 'A CLOSE CONNECTION WITH THE TERRITORY OF MEMBER STATES' IN CONSUMER CONTRACT DIRECTIVES (ECJ Judgement 9.9.2004, 70/03 Commission v. Spain)

被引：0

作者：

Quinones Escamez, Ana ^{[1
]}

机构：

[1] UPF Barcelona, Derecho Int Privado, Barcelona, Spain

来源：

REVISTA DE DERECHO COMUNITARIO EUROPEO | 2005年 / 21期

关键词：

Incorrect implementation; Rules concerning conflict of laws; Consumer contracts; Art. 5 of the Rome Convention (1980); Art. 6 (2) of the Directive 93/13/EEC; The concept of "a close connection with the territory of the Member States';

D O I：

暂无

中图分类号：

D81 [国际关系];

学科分类号：

030207 ;

摘要：

The Court enters a controversial doctrinal debate about the term "a close connection with the territory of Member States" that has come to occupy the doctrine, and to head the German doctrine. A debate is not over, in which the concept of "close connection" has had, in our interpretation, different meanings for Private International Law and European Law. However, a congruent result is possible if we consider that the directive only limit the "choice of law" in consumer contracts between member States. If the supplier and the consumer reside in a territory of the Member States, the law applicable to the contract will guarantee the consumer the minimum protection predicted in the directive. The Court only reinforces a strict transposition of art. 6 (2) of the directive, that leaves no margin for interpretation by the national legislator. In this case, this interpretation seems accurate to us.

引用

页码：537 / 551

页数：15