Thought We'd Left The Eu? It Still Has Its Hooks In Unexpected Places

[barry1010]

https://www.dailymail.co.uk/news/article-11903667/Pensioner-cancelled-sale-tape-recorder-eBay-ordered-pay-buyer-11-600.html

This is a very disappointing decision in my view

[ToraToraTora]

The courts of the EUSSR can award what they like it's unenforceable.

[ichkeria]

Surely this is nothing to do with Brexit? He sold to someone in Germany and it was a German citizen tho took it up with the courts.
Other than that, N Ireland is still subject to some EU regulations of course when it comes to trading - as you surely most know

[perseverer]

According to the Mail report, the pensioner has already paid the money to the buyer and it is ebay he is trying to claim back from.
Additionally the report says we had retained the law after Brexit which suggests we could have dropped it if we chose to.

[Old_Geezer]

Seems a ridiculous decision. Unsure why it was accepted. Such a daft law can not have been retained after exiting the EU, in fact it seems unbelievable
such a law could have existed at all, as it suggest lots can not be withdrawn, which they clearly are. And one surely can't agree that the website's rules can be overridden by EU law; the site conditions are agreed to by all parties.

[barry1010]

perserverer has spotted the link to Brexit, thank you for that. I thought it was clear enough to anyone who read the article.

I am disappointed in the ruling mainly because there was no guarantee that this particular bidder was going to win the 'auction' - it was cancelled 8 days before the listing ended.
This seller is in Southampton, not NI.

TTT, German court orders are enforceable in the UK. "Generally, a final and conclusive judgment given by a court in the EU, where the contract designated an exclusive choice of court agreement, shall be recognised and enforced in the UK. Contractual debt claims are covered....." https://www.birketts.co.uk/legal-update/the-enforcement-of-eu-judgments-in-england-and-wales/#:~:text=All%20EU%20Member%20States%20are,and%20enforced%20in%20the%20UK.

[Old_Geezer]

If we retained it for whatever reason, then it is the UK courts that should make any decision, not some foreign one.

[barry1010]

OG, company rules can never over ride the law.

[Old_Geezer]

Company law should already obey the law. The users who do the right thing according to the rules ought not be personally dragged into a company/court disagreement.

And this is still clearly nothing to do with Brexit since the same issue would have arisen had we been foolish enough to still be a member. But it does indicate that the useless government needs to get their finger out and update what needs updating.

[barry1010]

OG, my point is that we have left the EU but are still bound up in some of their laws. People talk about Brexit as if it is all over and done with but it clearly isn't. The German court could only make this ruling because we are still bound by some EU laws.

[barry1010]

OG, the German court made the decision because the German citizen raised the petition in his own country. Why should he go to a UK court? Theplaintiff always has the right to choose where to start proceedings.

[bednobs]

i wonder if the sale was when we were still in the eu?
its not inconceivable the court case has taken a while

[ToraToraTora]

barry we are not bound up by anything. A German court made ruling. It's no more enforceable here than in China.

[perseverer]

It may or may not be enforceable but the pensioner has already paid it.

[barry1010]

You believe that if you want to, TTT

[barry1010]

The German court sent bailiffs to Southampton to recover the money

[bednobs]

which makes me think even more this happened whe we were in the eu

[barry1010]

No bednobs, it would be exactly the same result if a German citizen started proceedings in a German court tomorrow. It won't change until our government gets that law abolished

[ichkeria]

??
This was a German court not the EU.
And the regulation in question is on UK stature

[ichkeria]

statute

[Gromit]

The seller noticed the device was defective and took it off sale. The last bidder still wanted it. Why didn’t he just sell it ?
A lot of this story doesn’t make any sense ?