The fair balance between the rights of consumers and the rights of the employer in legal proceedings
Andorran regulations relating to consumer rights are mainly contained in Law 13/2013, of June 13, 2013, on effective competition and consumer protection. However, like any right, in case of conflict it must be asserted before the courts.
Last May 12, the Civil Chamber of the High Court of Justice issued a ground-breaking ruling on the procedural aspects of consumer rights, upholding the allegations made by our firm.
Thus, it was recognized that despite the power of the Court of Judges to grant consumer status to one of the parties, this power was not absolute. Indeed, it is necessary for the Court to advise the parties that, in view of the facts in the case file, it may grant ex officio the status of consumer to one of them in order to allow the parties to argue in this respect.
The lawyer, Pau Augé, brilliantly defended these arguments before the Civil Chamber of the High Court, citing various precedents of the Court of Justice of the European Union, as well as various domestic legal provisions that were considered applicable by analogy.
We were pleased that the Court accepted the allegations made, supporting its decision on the precedents indicated, which will now allow us to discuss, with full guarantees for our client, the consumer status of the adverse party and the abusive nature or not of a clause in the contract that united the parties.
From the legal team of AUGÉ LEGAL& FISCAL we want to express our satisfaction for the result obtained in the defence of the interests of our client.
At AUGÉ LEGAL & FISCAL we are specialists in consumer law, and we advise consumers and companies on their rights and obligations.
Pere Cristofol
Dept Legal
Augé Legal & Fiscal
