Christina runs a graphic design business based in Brighton and ordered a new computer system on 5th July 2007 from Avalon Computers Ltd., a mail-order firm specialising in computer equipment designed for professional graphics use and based in Reading. Christina paid 3,000 in full for the equipment and it was delivered to her studio a few days later.
However, the next day she learned that she had lost an important order from clients in America for future design work, and reluctantly decided that she could not afford the new computer system at the present time. She immediately contacted Avalon by fax and asked the company to take back the computer (still boxed and unused) and refund the money paid. The company refused.
1. Advise her clearly and fully as to her rights under European Community Law (if any) to obtain a refund of the money she has paid for the goods from Avalon. If she is unsuccessful in doing so, can she obtain redress from any other person or body
Ibanez (2004) studied the legal procedures against member states for breaches of EC law and the different aspects of the European Commission enforcement procedure under EC Treaty Articles 226 and 228. Ibanez discusses the policy and strategy in enforcement proceedings and the European model that is followed for enforcing and supervising EC law. The Commission can sue Member States before the European Court of Justice or ECJ under Article 228 if a member state breaches the laws as required to be followed by the states. The enforcement of Commission decisions would be related to new developments and procedural aspects at the European level. The general procedures of the EC law show that the EC Treaty grants the Commission the power to "ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied." This relates to the EC Treaty Article 211 that grants a general power to the Commission and the EU can use the provisions of the EC Treaty for fighting Member State noncompliance.
For an imaginary directive adopted by the Council in May 2005, if any one member state fails to keep up to the directive of EU law or the EC Treaty, according to the Articles 211, 226 and 228, the European Commission can take legal action against any member state that fails to comply to EC Treaty requirements or as expected from a member state. Article 226 is in fact based on a legal model of integration between