27.2.2010

EN

Official Journal of the European Union

C 51/7

Judgment of the Court (First Chamber) of 17 December 2009 (reference for a preliminary ruling from the Audiencia Provincial de Salamanca — Spain) — Eva Martín Martín v EDP Editores SL

(Case C-227/08) ( 1 )

(Directive 85/577/EEC - Article 4 - Consumer protection - Contracts negotiated away from business premises - Right of cancellation - Obligation on the trader to give notice of that right - Contract void - Appropriate measures)

2010/C 51/10

Language of the case: Spanish

Referring court

Audiencia Provincial de Salamanca

Parties to the main proceedings

Applicant: Eva Martín Martín

Defendant: EDP Editores SL

Re:

Reference for a preliminary ruling — Audiencia Provincial de Salamanca — Interpretation of Article 4 of Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises ( OJ 1985 L 372, p. 31 ) — Articles 3 EC, 95 EC and 153 EC — Article 38 of the Charter of Fundamental Rights — Right of renunciation — Obligation on the trader to supply certain information — Consumer protection measures in case of non-performance — Nullity of contract and jurisdiction of national court

Operative part of the judgment

Article 4 of Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises does not preclude a national court from declaring, of its own motion, that a contract falling within the scope of that directive is void on the ground that the consumer was not informed of his right of cancellation, even though the consumer at no stage pleaded that the contract was void before the competent national courts.

( 1 ) OJ C 223, 30.8.2008 .