Problem Question - Red Herrings? - Page 2

Can't be that difficult - it's the only ECJ case on 97/7 so far - and it's from the UK, and easycar "won" (insofar as you can win anything with a 234 reference). You said too much...

Reply 24

Lewisy-boy

I'd call it winning - the UK courts are bound to follow the interpretation from a 234 reference aren't they?

Reply 25

Lady Narcissus

cwtf

Can't be that difficult - it's the only ECJ case on 97/7 so far - and it's from the UK, and easycar "won" (insofar as you can win anything with a 234 reference). You said too much...

Or he hoped that some of the students who come on here would be too slow to guess. :smile:

Reply 26

chalks

Bugger. I thought there might have been some other cases on the DSRs since then.

Yep, I worked on this. High Court proceedings against OFT, followed by a ref to the ECJ. AGs opinion was against us (as were French and Spanish govts), but Court found in our favour and decided that car hire was a "transport service" and, therefore, exempted from the cooling off periods in the DSRs. If ECJ had found against us it would have had a huge impact on the ability of the client (and other online car hire businesses) to operate.

I'd call that a win.

Reply 27

Lewisy-boy

Damn AGs, I hate reading their stuff!

Reply 28

cwtf

(i) Domestic courts have to apply interpretation to facts of the case, so there is scope for departure (as happenend in some of the German litigation on the Doorstep Selling Directive). Admittedly tricky in this particular case because the question was central to the outcome and ECJ view was clear.

(ii) ... although the ECJ was clear on this, it was certainly not received with unanimous agreement by commentators.

Reply 29

Lewisy-boy

Very little is received with unanimous approval from academics! Even if they agree, they write against it to keep their profile up :wink:

. I would anyway.

Reply 30

cwtf

Lewisy-boy

Very little is received with unanimous approval from academics! Even if they agree, they write against it to keep their profile up :wink:

. I would anyway.

Such youthful sarcasm...

Reply 31

Manic_Mystery

Well if they are at Hull, they have to do something to be noticed :wink:

Reply 32

Lady Narcissus

Lewisy-boy

Very little is received with unanimous approval from academics! Even if they agree, they write against it to keep their profile up :wink:

. I would anyway.

I would guess it would depend upon the personality of the academic concerned, quite possible that some of the nutty ones might :wink:

Reply 33

Manic_Mystery

cwtf

Such youthful sarcasm...

'Youthful' one wonders. I think he has a good grasp. Life is not fair at the best of times and the world is full of idoits and misnomers. People are often motivated at by improper purposes

Reply 34

Lady Narcissus

:tlt: um who can I argue against today, my gas bill needs paying and my salary won't cover it

Reply 35

Lewisy-boy

Lol, maybe I would be one of the nutty ones then!

Reply 36

Lady Narcissus

He, he! Well you have good motives, i.e keeping your profile up. I have met all sorts of bizzare and wonderful people in academia who might disagree for the sake of it because they enjoy bickering and attention seeking. LOL :wink: