Rechtspraak

  • Bijzonderheden van de zaak
    • Nationaal ID: link
    • Lidstaat: België
    • Gangbare benaming:link
    • Soort beslissing: Rechterlijke beslissing, eerste aanleg
    • Datum beslissing: 29/01/2015
    • Gerecht: Vredegerecht Brugge
    • Onderwerp:
    • Eiser: Unknown
    • Verweerder: Unknown
    • Trefwoorden: information requirements, price, price indication
  • Richtlijnartikelen
    Price Indication Directive, Article 2, (a) Consumer Rights Directive, Chapter 2, Article 5
  • Koptekst
    (1) The burden of proof regarding an infringement of article 5 Directive 2011/83 (implemented into Belgian law by article VI.2 of the Code of Economic Law) is incumbent on the plaintiff. Conversely, the burden of proof for the damages suffered as a result of the infringement against the rules on information requirements for contracts other than distance or off-premises contracts lies on the defendant.

    (2) The lack of information provided by a trader regarding the price for ancillary costs constitutes a breach of article 5 Directive 2011/83 (implemented into Belgian law by article VI.2 of the Code of Economic law).
  • Feiten
    The plaintiff was a wedding photographer for the defendants. He had neglected to inform the defendants of the price for ancillary costs to the provision of his services as a photographer, such as the purchase of a photobook, the sending of photos by email, printing photos, the frame for photos and the difference in finishing of standard quality as opposed to high quality. When the defendants did not pay for these costs, he filed a claim for overdue payments.

    The defendants claimed that his not mentioning the information in question constituted an infringement of article 5 Directive 2011/83 article 5 Directive 2011/83 (implemented into Belgian law by article VI.2 of the Code of Economic law).
  • Juridische kwestie
    (1) On which person lies the burden of proof regarding an infringement of article 5 Directive 2011/83 (implemented into Belgian law by article VI.2 of the Code of Economic law) and the damages resulting from such an infringement?

    (2) Does neglecting to list the prices of ancillary costs consistute an infringement on the information duty as described in article 5 Directive 2011/83 (implemented into Belgian law by article VI.2 of the Code of Economic law)?
  • Uitspraak

    The court ruled that the partial acceptance of the photographs by the defendant precluded a complete dismissal of the costs it was due to the claimant, but that defendant did not have to pay for the costs which claimant did not set out in contravention of article 5 Directive 2011/83.

    Integrale tekst: Integrale tekst

  • Verwante zaken

    Geen resultaten

  • Rechtsleer

    Geen resultaten

  • Resultaat
    The court issued partial damages on the defendant.