Sample Exam European Consumer Law in a Digital Society 2017-2018
1. Statement
Discuss whether the following statement is either correct or false in approximately 300
words.
For a consumer to benefit from the protections of Art. 17 Brussels I there is no need for the
contract to be concluded face to face as long as it was initiated at a distance.
2 Case
Peter Gartenzentrum GmbH, a private limited liability company incorporated under Austrian
law, having its registered office and centre of management in Kitzbühel. Peter
Gartenzentrum is a garden centre and has a website, www.p.gartenzentrum.eu in the
German language, which it uses to sell its products. The website also contains specific
information how to get at Peter Gartenzentrum in Kitzbühel from Germany and Switzerland.
Moreover, delivery of the products to those countries is free.
Heidi Müller, who has her habitual residence in Germany, was told by her sister about Peter
Gartenzentrum and she drives to the garden centre in Austria, where she buys five apple
trees. In the contract of sale a choice of law for Swiss law is included. The five apple trees die
within three months. After having consulted an expert, she realizes that the trees already
had a disease when she bought them. Peter Gartenzentrum denies this and refuses to deliver
five other apple trees. Heidi Müller starts proceedings in Germany, Peter Gartenzentrum
argues that the German court does not have jurisdiction.
a. Does the German court have jurisdiction to hear Müller’s claim against?
b. Which legal system governs the contract between Müller and Peter Gartenzentrum
GmbH?
Questions
3 In many directives an information duty is included. Give two examples of an information
duty in a directive.
4 In an internet-transaction, the consumer protected by Article 6 Rome I differs from the
consumer protected by the Directive on Unfair Terms in Consumer Contracts. Discuss two
differences.
5 Smorto discusses the argument that the rise of internet empowers consumers. Consumers
have more information and are better able to make informed decisions. Contrast this
statement with Ben-Sahar’s argument that information duties in B2C transactions do not
make sense.
1. Statement
Discuss whether the following statement is either correct or false in approximately 300
words.
For a consumer to benefit from the protections of Art. 17 Brussels I there is no need for the
contract to be concluded face to face as long as it was initiated at a distance.
2 Case
Peter Gartenzentrum GmbH, a private limited liability company incorporated under Austrian
law, having its registered office and centre of management in Kitzbühel. Peter
Gartenzentrum is a garden centre and has a website, www.p.gartenzentrum.eu in the
German language, which it uses to sell its products. The website also contains specific
information how to get at Peter Gartenzentrum in Kitzbühel from Germany and Switzerland.
Moreover, delivery of the products to those countries is free.
Heidi Müller, who has her habitual residence in Germany, was told by her sister about Peter
Gartenzentrum and she drives to the garden centre in Austria, where she buys five apple
trees. In the contract of sale a choice of law for Swiss law is included. The five apple trees die
within three months. After having consulted an expert, she realizes that the trees already
had a disease when she bought them. Peter Gartenzentrum denies this and refuses to deliver
five other apple trees. Heidi Müller starts proceedings in Germany, Peter Gartenzentrum
argues that the German court does not have jurisdiction.
a. Does the German court have jurisdiction to hear Müller’s claim against?
b. Which legal system governs the contract between Müller and Peter Gartenzentrum
GmbH?
Questions
3 In many directives an information duty is included. Give two examples of an information
duty in a directive.
4 In an internet-transaction, the consumer protected by Article 6 Rome I differs from the
consumer protected by the Directive on Unfair Terms in Consumer Contracts. Discuss two
differences.
5 Smorto discusses the argument that the rise of internet empowers consumers. Consumers
have more information and are better able to make informed decisions. Contrast this
statement with Ben-Sahar’s argument that information duties in B2C transactions do not
make sense.
