This case answers a preliminary question addressed to the ECJ concenring the application or non-application of Directive 85/577/EEC on the protection of purchasers in the case of contracts negotiated away from business premises when the purchase concerns rights in immovable property on a time-share basis. According to the ECJ, the fact that time-share contracts are included in the provisions of a specific Directive (94/47/EC) does not exclude that a contract, containing an element of time-sharing, may at the same time pertain to the range of application of Directive 85/577/EEC, where the premises for the application in this last case are satisfied. The author is annotating the case from an italian perspective and also discusses the validity of the compensation clause in the case of renunciation and some other questions relative to the right of renunciation.
European Review of Private Law