Credit and a Grantor of the Credit - Coursework Example

? a. The basis of the case, Paola Faccini Dori relates to consumer credit and a grantor of the credit. The approach is one which is based on the finances required for a travel contract through a travel agent. The company granted credit to Paola Faccini Dori for the travel. However, there were shortcomings in the contract, leading to Dori stopping payment on the loan. The court ruled under article 11 and the horizontal direct effect of directives as well as Article 129a. These all state that the contract should carry out complete effectiveness and show completion of the expected services under the regulations. However, the complexities of the case arose with the inability to tamper with the provisions over a private contract specifically because consumer rights are private and not linked to state regulations. The legal relations for consumer protection were then one of the main considerations with the case. The proceedings that were created from the main debates were based on consumer rights that could follow under the law. The first proceeding stated that a credit agreement should not affect the rights of the consumer against the purchase of services or goods. The consumer enters an agreement with the contractor, specifically with the understanding that the services or goods will be supplied. This makes it a legal obligation for the supplier to carry forward with all contractual agreements, specifically which is made under the assumption of the agreement through a pre-existing agreement. The right to pursue credit or to be granted a difference in the contract occurs only in the instance when the consumer is not satisfied with the services delivered or when there is a failure to meet the demands through the services and products that are expected through the pre-agreement of a given contract. However, it was noted that the consumer may pursue the justification of lack of fulfilment of a contract. This does not entitle the legal proceedings to match this, specifically which is created according to the direct effect that this has on the consumer. The conditions and the remedies then have to be looked into with the contractual agreement and potential breach of contracts that are created. The case that was created not only referred to the consumer protection and the need to fulfil contracts for consumer protection. The court also found that the Treaty of the EU, Article 3s, 129a, created different levels of contribution to consumer rights. The community was responsible only for contributing to consumer protection, specifically with political and legal integration through the internal market. The duty of consumer protection created an effect where consumers had the right to have the fulfilment of products and services within the internal market. The horizontal direct effect then had a direct bearing on the consumer protection, specifically with the need to create and define consumer protection and credit. b. The legal issue that was associated with the case was based on the need to have consumer protection. Private entities are regarded as having freedom of offering services and products while having the right to refuse service or to terminate contracts with consumers. There is also the ability to allow the service or product providers to refuse fulfilment of consumer credit under given circumstances. The question which arose was based on how much consumer protection should be granted if there is a contract that is unfulfilled by those who are offering product or services. The level of interference from a political and legal entity was questioned, specifically with how much this could move into consumer rights and protection among those that were looking at the private contracts that were expected to be fulfilled. The rulings of the case were based on the horizontal direct effect. The effect was one which stated that the services or products provided with a contractual agreement were required to be fulfilled. If the services or products harmed or affected the consumer, then it was considered an illegal breach of contract. The supplier of any products or services was in an agreement through credit with the consumer, specifically which created a pre – agreement and legal contract that binds the consumer to the company. This obligates the company to fulfil the services or to provide the product to the consumer according to the initial agreement created. If there is non – conformity, then the consumer has the right to have satisfaction with the payments that are made. The rights of consumer protection were applied to this, specifically which gives legal rights to rule in favour of consumers if there is a lack of legal terms that are not granted after the purchase of a product or service. The reference to ECJ in the case was used to show the boundaries with consumer protection and rights. The ECJ allowed the court to have provisions to act in favour of consumer rights and protection while showing that specific legal obligations need to be met with the fulfilment of a contract for consumers. More important, reference to this particular ruling was able to show the concept of community law and how this leads to direct consumer protection among those that are expected to take specific actions. The concern of consumer protection and the ability to show that there needs to be legal provisions and measures for boundaries of services or products then became the main association with those working with consumer protection and rights. c. The situation with Cristina Blanquez Rivero was able to rely on the directive of the case. The interpretation of article 129a, the EC treaty and Article 11 were used in the same format as the main case. The situation of Rivero was similar to the case, specifically in which the travel company was not providing the necessary return of services and products, despite several complaints and the need to work out the loan with the company. The reliance on the case was based on the obligation for the services to be fulfilled by the consumer while protecting those who no longer were paying the services or loans because of a breach of contract. The provisions of Article 11 were used closely, specifically with showing that there was a pre – agreement and legal contract between the consumer and provider. This was made exclusively between the two parties for the fulfilment of a contract which had not been provided. This was furthered with the noticed lack of action by the provider in which the goods or services were not provided, which allowed protection to the failure of fulfilling the contract and pre – existing agreement between the two parties. When looking at this, the court questioned the concept of consumer credit and whether this should be protected. The case of Dori was considered, specifically which showed that the case – law did not have a horizontal direct effect with unimplemented directives. When looking at this case, the court was able to note the consumer protection acts that were applied with the pre – existing agreements that were left unfulfilled. The reliance on the case was not only referred to in terms of consumer protection and laws between fulfilling pre – existing agreements. There was also reference to extending the case – law to relations between the consumer and provider. The concept is one which was based on obligations between both for consumer protection and to empower the regulations and decisions between both the consumer and provider. The importance of this is based on the case – law and article 129, which was extended during Dori’s case. The noted effects stated that there was not the ability to change the case – law. However, the extension in Dori’s case to offer consumer protection was used while noting that the pre – existing agreements also warranted the necessary protection between consumers and providers. The protection was furthered by noting that there needed to be a casual link between the legal protection of the consumer and provider with the pre – existing agreement that was created. The debates of Dori’s case provided the main approach to offering protection in the case. The reasoning of the court used the case of Dori; however, there were also boundaries that were created to rule against Rivero. The reasoning of the court moved into the inability to change the case – law that had been extended by Dori. This means that there was not the ability to define the level of pre – existing agreements or the legalities that were associated with the case. More important, the court ruled that the privacy of the agreement and the exclusivity that was between the provider and consumer did not allow the proper amount of consumer protection to be reached. The lack of information over the provided services or goods as well as the inability to define the pre – existing contract and the fulfilment made stopped the court from ruling in favour of Rivero. This was based on the activity of the account as well as the lack of legal requirements and obligations that were met between Rivero and the providing finance company. The lack of provision was then based on the goods or services that were inclusive of the agreement between the consumer and provider. If the agreement does not have the necessary trace, then the limitations of Article 129 as well as the lack of being able to comply with the private mechanics of a company do not allow for an alternative arrangement with consumer protection to be made. d. The remedy of the joined cases C – 6 and C 9/ 90 Francovich and Bonifaci v Italy is based on fulfilling specific obligations that are associated with the need to meet specific conditions with services or products provided. The case stated that there was the need to meet three conditions when delivering products or goods. The obligation was inclusive of the directive of granting the rights to individuals with the transportation of products or services. The second aspect of the obligation was to identify the content of the rights that were on the directive of the services or goods. The third part of this obligation was to create a casual link between the obligation of the State and of the provider of services or products. The identification of the services or goods to be provided and the ability to show where the legal aspects were not fulfilled then were able to offer a potential remedy to consumer protection and fair trade between the consumer and the provider. The three provisions that were required to be met through the remedy were able to assist with various needs for consumer protection and rights of those who were using specific goods or services. The case was able to extend the case – law, specifically by stating that evidence of the provided services or products needed to be made. Allowing the evidence to become a part of the contract of the provider and the legal identification was then able to link together the needs of consumers for protection and the rights of those providing services. The casual link to State legalities as a part of the directive was able to further this with the understanding that the provider was able to deliver services or products while ensuring that all duties were met with the way in which consumers were receiving the expected options with the pre – agreement that was made. The remedy that has developed with the subsequent case law has first developed with the ability to create directives with the consumer protection and the failure to deliver specific goods or services. The difficulty with the current case was based on the inability to identify practical effectiveness in regards to identifying whether one had met obligations between the consumer and provider. There was also not the ability to show a level of protection toward private agreements that came from both sides, specifically because of the legal relations that are between the provider and consumer. The legal rights of corporations are based on the ability to have privacy while the links to legal relations are typically unconditional and are not linked to the State. This creates a lack of interference in terms of legalities while causing difficulties in developing consumer protection. The remedy provided by the joint cases offers the right for legal entities to interfere for consumer protection while balancing the powers of private entities with the casual links to the State. The second aspect of the remedy to the case law is based on the proceedings of Article 11 and Article 129. This offers legal provisions in terms of credit agreements and the delivery that is expected by providers. However, it also shows that there is a horizontal direct effect that cannot be applied in terms of the protection of consumers. The remedy offered by the joint cases states that there is the ability to define the horizontal direct effect for consumer protection. This shows that the lack of delivery of goods as well as the inability to comply with meeting specific needs has a direct effect on both the consumer and the provider. More important, there is the ability to create directives to individuals that bind the obligations of both the consumer in stating what was delivered as well as the provider which creates a sense of protection of the consumer. The potential remedy is able to investigate the providers more closely while creating direct links with the directives that are created. While the combined cases offered a remedy with the consumer protection and the expectation of companies to deliver services or products, the question remains in terms of the Article 11 and 129. The limitations of this and the inability to extend these articles is one that is not able to create a sense of reliance in terms of consumer protection. More important, it is unable to create and develop necessary remedies that give the State legal rights to contact the providers or to investigate the potential hazards that are associated with consumer protection. The inability to supplement actions or to create specific contracts with those that are associated with consumer protection and other legal rights then leads into a lack of consumer protection and interference that can take place between service providers and consumers. For this remedy to work, obligations to have State casual agreements as well as the ability to show a lack of the products or services being delivered creates a different effect on those that are developing the rights of action between consumers and providers. Read More