Insights

Carriage contracts are related to other contracts, so if special rules such as the CRM do not apply, normal contract law will apply....

Commercial law is all about trade, how it is financed, which key documents are needed eg bill of lading, mates receipt, where the duty of...

The Sui Generis Database Right and Connected devices interfering with the free flow of data Introduction The Database Directive 96/9...

Does the Right to Data portability limit the free flow of data ? Introduction The digital market has given rise to a new world of...

Articles 101 and 102 of the Treaty of the Functioning of the European Union (hereafter ‘TFEU’) regulate anti-competitive practices within...

Data and connected devices Data which is the very groundwork of the modern digital economy has been termed as “the new oil” in financial...

A liability that the manufacturer has vis-a-vis the web-shop, unless otherwise agreed by the parties is that the product conforms with...

A consumer who does not have a direct contractual relationship with the manufacturer is not entitled to sue the latter as a general rule...

Consumers are entitled to request the seller for a remedy, for a faulty good, provided that there exists a warranty even if the fault has...

Product liability insurance entails that the exporting manufacturer agrees to cover by insurance the risk caused by a defective product....

Recital 47 of the CRD states that consumers can withdraw from the contract regardless of how the goods have been handled during the...

In the case of EasyCar (UK) Ltd v Office of Fair Trading the reference for a preliminary ruling on the interpretation of Article 3(2) of...

The risk of returning the goods when the consumer withdraws from the contract is determined by national laws of the consumer’s place of...

Goods have to be delivered within 30 days of the conclusion of the contract unless agreed otherwise by the parties. Where goods have been...

Upon mutual agreement the parties to the contract are allowed to exclude the information duties. Any ambiguities or disparities in...

The question as to when the cooling-off period commences differs from the type of contract that has been concluded. In relation to sale...

The right of withdrawal entails that the consumer may withdraw from a concluded contract with a trader within the time-span of 14 days,...

Article 6 of the CRD determines the law that is applicable to “off-premise” and “distance contracts”. The directive also applies to...

The definition of “consumer contract” is a contract concluded by a person “for a purpose which can be regarded as being outside his trade...

’Opt-out’ provisions in relation to the Dutch legal system As per Article 5(3) of the Consumer Rights Directive, Member states may...