17 June 2019

Unfair commercial practices directive: Per se unfair practices
The application by a trader of a model for concluding or amending contracts for the supply of telecommunications services under which the consumer must take the final transactional decision in the presence of a courier who delivers the standard-form contract, without being able freely to take cognizance of the content of that contract while the courier is present does not constitute a practice that can be classified as an aggressive commercial practice per se.
CJEU, Case C-628/17 Prezes Urzedu Ochrony Konkurencji i Konsumentów, Judgment of 12 June 2019, LawLex20190000780JBJ

Unfair commercial practices: Aggressive commercial practices
In a contract of sale concluded in the presence of a courier, an aggressive commercial practice is constituted where the latter makes the consumer feel uncomfortable or confuses his thinking in relation to the transactional decision to be taken, in particular by announcing that any delay in signing the contract or amendment would mean that the subsequent conclusion thereof would be possible only under less favorable conditions, that the consumer would risk having to pay contractual penalties or, in the event of the contract being amended, would risk the suspension of the service, or by stating that, if he refuses to sign or delays in signing the contract or amendment, he could receive an unfavorable assessment from his employer.
CJEU, Case C-628/17 Prezes Urzedu Ochrony Konkurencji i Konsumentów, Judgment of 12 June 2019, LawLex20190000780JBJ

Jurisdiction and enforcement of judgments: Temporal scope
By virtue of Article 66 of Regulation No 1215/2012, that regulation applies to legal proceedings instituted on or after 10 January 2015, Regulation No 44/2001 continuing to apply to judgments given in legal proceedings instituted before 10 January 2015 and consequently, for the purposes of determining the applicable regulation ratione temporis, the starting point must be the date on which the action giving rise to the judgment for which enforcement is sought was instituted, not a later date, such as the date on which the application for the certificate certifying that such a judgment is enforceable was lodged.
CJEU case C-361/18 Ágnes Weil, Judgment of 6 June 2019, LawLex20190000756JBJ