‘Tiketa’ UAB v MŠ, C-536/20C, EU:C:[2022]:112 – Articles 2(2), 2(10), 6(1), 6(5), 8(1) and 8(7) CRD - (CCICACR).
1) person acting as intermediary for trader is also a trader within article 2(2) CRD.
2) pre-contract provision of information by trader to consumer, required by article 6(1) CRD, no substitute for confirmation to be provided on a durable medium once contract concluded, required by article 8(7) CRD.
- “durable medium” must in practice fulfil same functions as paper form.
undefined: unpaid
Related case digests
- Content Services Ltd v Bundesarbeitskammer, C-49/11, EU:C:[2012]:419 – Article 5(1) PCRDCD – (Reg 8(1) CPDSR).
- interpretation of EU Directive. – meaning of “receive”, “given” and “durable medium”. 1) where neither directive nor related documents such as the “travaux préparatoires” clarify scope of its terms, their meaning is to be found in everyday usage having regard to their context and purpose. - in everyday language “receive” and “given”, as used in article 5(1) PCRDCD refer to a process of transmission in which the recipient of the information need take no particular action. 2) as “durable medium”, in article 5(1), is alternative to “in writing” it refers to an equivalent media which, like paper, must allow consumer to store the information and reproduce it unchanged without the seller being able to unilaterally amend it.