Legal publications

Does the consumer guarantor have a right of withdrawal iure proprio? A recent German experience and a counter-proposal

Angel Carrasco Perera
January 2024

Abstract: Neither Directive 2011/83 nor the Spanish Consumers and Users Act gave any reason to believe that a non-professional guarantor could not be considered a consumer or that, at least, the surety contract concluded with the obligee was not subject to the specific consumer regulations. This natural application of consumer law to the surety relationship was called for by the new concept of consumer assumed by Art. 3.1 LGDCU. No one then doubted that the regime of unfair terms, for example, or that of unfair commercial practices, were indisputably applicable to the bail bond relationship, whether or not the guarantor had received (almost always not) his own compensation paid by the financer for having requested the intercession of the consumer for another's debt.

Protection of the Insured against Choice of Court Agreements in International Insurance Contracts Covering “Large Risks” [A1 and A2 (Assurance d'un bateau de plaisance), C-352/21]

Mª Victoria Cuartero Rubio
December 2023

Abstract: The purchase of a craft for private and recreational purposes and an international hull insurance contract containing a jurisdiction clause: do the rules on international jurisdiction of Regulation 1215/2012 allow it? The answer depends on whether it constitutes “a large risks insurance” or not. The Judgment of the Court of Justice of the European Union in case 352-21 solves this preliminary ruling with a systematic and finalist approach.

Dangerous (unsafe) products and consumer protection: remedies in the event of a product safety recall (article 37 of Regulation 2023/988, on general product safety)

Manuel Jesús Marín López
September 2023

Abstract: Regulation 2023/988, of 10 May 2023, on general product safety, allows economic operators to request the return of unsafe marketed products. When they ask consumers to return these products, consumers can exercise rights, such as the repair of the good, its replacement or the reimbursement of certain amounts, under the terms provided in article 37 of the Regulation. The present article examines this precept, and analyzes each of these measures, its legal regime, the agents with active and passive standing, and the relationship they have with the remedies for lack of conformity regulated in the Directive 2019/771, of 20 May 2019, on certain aspects concerning contracts for the sale of goods.

Can a QR code replace traditional product labelling?

Helena Palomino Moraleda
September 2023

Abstract: The use of QR codes is widespread and normalized in daily life. In light of this situation, a local Consumer Office of the Community of Madrid inquires to CESCO whether the QR code can replace traditional labelling. To address the question, we analyze the two main labelling regulations in Spain.

The end of unwanted commercial calls

Helena Palomino Moraleda
January 2024

Abstract: Article 66.1 b) of the new General Communications Law provides for the end user's right not to receive unwanted commercial calls. The interpretation of the article has raised doubts that the AEPD has tried to resolve through the publication of its Circular 1/2023 in order to provide legal certainty to the parties involved.

The CJEU specifies the scope of the right of access to personal data of art. 15 GDPR

Mª del Sagrario Bermúdez Ballesteros
September 2023

Abstract: The judgment of the Court of Justice of the European Union (CJEU), issued on May 4, 2023, pronounces on the content and scope of the right of access of the interested party to their personal data subject to processing, regulated in art. 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).

The “Safety Business Gateway” and the Consumer Safety Network. On the occasion of Regulation n.º 2023/988

Lucía del Saz Domínguez
September  2023

Abstract: Regulation (EU) 2023/988 of the European Parliament and of the Council of May 10, 2023, regarding the general safety of products, which entered into force on June 12, 2023, being applicable from December 13, 2024, incorporates rules on what is now called “Safety Business Gateway” and establishes the functions of the Consumer Safety Network, which we will examine in this commentary.

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