Paola Faccini Dori case

1
Paola Faccini Dori case

• Patrick GOERGEN

2

• 19.01.1989
• Paola Faccini Dori (Italian resident) purchases
  an English language course, in the train station
  in Milano (Italy), from an Italian company

3

• 23.01.1989
• Paola F.D. cancels the order

30.06.1989 The purchases takes legal action
against Mrs Dori to obtain payment
4
Cancellation time (in case of purchaes outside
the companys premises)

• In Italian law 0 days
• In European law 7 days

5
Directive

• Is not binding (contr. regulation)
• Has to be transposed in national law of the
  Member States by a (legislative) internal measure
• Is binding regarding the goal to reach
• Member States are free to choose the means to
  reach this goal

6

• 1985 1987 1989 1992
• _______________________________________
• EU-Directive End of Facts Transposition
• transposition in Italy
• period

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Question

• Paolo Faccini Dori may she refer to the EU
  Directive ??
• DOES SHE HAVE TO PAY THE
• COURSE ?

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Conditions to invoke a directive

• Directive Directive 85/577
• Inconditional YES
• Sufficiently precise YES

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• Vertical effect
• State
• individual
• YES

• Horizontal effect
• Individual ------------ Individual
• NO

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• Paola Faccini Dori
• cannot
• invoke the directive against the purchaser

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BUT

• Fault of the Italian State
• (non transposition of the EU directive in the
  requested time period)

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• EU law requires Member States to repair damages
  caused to individuals by reason of the non
  transposition of directives
• Conditions
• Rights attributed to individuals by the directive
• Content of the rights may be identified on the
  basis of the directive
• Causal link between the violation of the MS
  obligation and the damage

13
-gt The Italian judge has to guarantee the
consumers right to obtain compensation for his
damage(in German) ENDE GUT, ALLES GUT