Repossession European Commission Guidance.

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Repossession European Commission Guidance.

 

It has been stated that reposession proceedings should be halted until the end of the ongoing investigation into the leaseback schemes. Here is the guidance given to those facing immenent repsession proceedings.

See below from the EC:

 

 

I would advise this owner who is soon due in court in France to stress in front of the French judge: 

 

1) that he was misled, in breach of the Unfair Commercial Practices Directive 2005/29/EC, into concluding a transaction he would have not concluded, had he been provided with all relevant material information regarding his real estate purchase; 

 

2) that he hence asks the judge to assess the fairness of the standard contract terms of his contract, in light of the criteria laid down by the Unfair Contract Terms Directive 93/13/EEC, and taking due account of CJEU case-law, in particular in cases C-453/10 Perenicova and Perenic and C-415/11 Aziz. 

 

The FR judge could, if he has sufficient factual evidence available to himself and of course also in light of the specific restitution claims the owner will make, come to the conclusion that the whole contract or at least part of it should be declared void - he could also grant the harmed consumer a right for the damages suffered.

 

 

 

Veronica Manfredi

Head of Unit JUST/E.2

Consumer and Marketing Law

DG Justice and Consumers

European Commission 

 

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