ABSTRACT

easyCar is a car hire company conducting its business over the internet. The Advocate General Stix-Hackl appeared to be giving recognition to the concept of 'legitimate expectations', with the task of assessing what is 'legitimate' being left to the Court in weighing up the burden to be placed on traders. She considered that the purpose of the directive, to ensure comprehensive protection for consumers, was on account of an increased need for information in distance selling contracts. The Court pointed out that 'transport services' represents a sectoral exemption and that like the other exemptions, it relates generally to services in the transport sector. The Court placed an emphasis on the objective of the derogation at the expense of the objectives of the Directive. The departure from the high level of protection afforded to consumers for those entering into car hire contracts over the internet as a result of easyCar is to be viewed with disappointment.