Monthly commercial law update: Top 5 developments in July

Monthly commercial law update: Top 5 developments in July


The kids are off and most offices consist of tumbleweeds and sheaves of hurriedly-typed holiday notes fluttering in the air-conditioned breeze.

In brief, the world is demob-happy. Well, most of it. For those who are left, there's still plenty of work that needs to be done, including keeping an eye on the latest legal developments.

So, in no particular order, here are this month’s ‘top 5′ developments, as extracted from our Lexis®PSL Commercial monthly round-up.

Agency law: European Commission publishes report evaluating the Commercial Agents Directive

The European Commission (EC) has published a report evaluating the Commercial Agents Directive (Directive 86/653/EEC).

The EC has concluded that Directive 86/653/EEC meets its objectives and functions well. Directive 86/653/EEC’s benefits outweigh its costs, it remains relevant and continues to have EU added value.

Based on these findings, it is recommended that Directive 86/653/EEC is maintained in its current form.

Consumer protection: CJEU clarifies the rules on consumer protection

The Court of Justice of the European Union (CJEU) has clarified the rules on consumer protection in relation to certain aspects of the sale of consumer goods and associated guarantees in Faber v Autobedrijf Hazet Ochten BV.

In the case, the claimant purchased a secondhand car from the defendant garage. A few months after the purchase, the vehicle caught fire while the claimant was driving and it was destroyed. The claimant claimed compensation from the garage for the damage caused by the apparent lack of conformity.

On appeal, the Dutch-referring court asked the CJEU to provide a preliminary ruling on the interpretation of Directive 1999/44/EC, arts 1(2)(a) and 5.

The CJEU confirmed that any lack of conformity which becomes apparent within six months of the delivery of goods is presumed to have existed at the time of delivery.

The judgment has provided further legal certainty for the consumer and seller, clarifying both the duty to inform the seller of any non-conformity and the burden of proof in disputes arising from a

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