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B asedow, ‘Der Grundsatz der N ichtdiskriminierung im europäischen Privatrecht’, ZEup (2009) 230-251 at 244 Crisis or Future of European Consumer Law? 29 contradictions and to extend their sphere of application to create a ‘general part of E uropean consumer law’ – a strategy certainly to be welcomed even though a political agreement and a legal structure still have to be debated and found. S ome remarkable innovations of the principles should be mentioned: • • • • • • • • A ccording to A rticle 1:201 ‘consumer’ means any natural person who is mainly (italics added) acting for purposes which are outside the person’s business activity; this would extend the existing narrow definition mainly into the area of ‘mixed contracts’ (above, para.

Zimmermann and H . F irst (eds), Expanding the Boundaries of IP (T he H ague, 2001), pp. 367–402, at pp. 381–98. 90 C ase C -7/97 Oscar Bronner GmbH & Co KG v. Mediaprint [1998] ECR I-7791; later case C -418/01 IMS Health v. NDC Health [2004] ECR I-5939. S ee also case T -504/93, Tierce Ladbroke v. Commission [1997] ECR II-923. 91 R eich, Understanding EU Law, at pp. 170–73; for a recent example see case C -348/04 Boehringer Ingelheim et al. v. Swingward et al. [2007] ECR I-3391. 92 C ase C -479/04 Laserdisken [2006] ECR I-8089.

In both cases, this would affect foreign tourists more seriously than local ones. The discrimination could not be justified because it was based on purely economic reasons. T his case law combines the economic right of free movement (here the freedom to provide and receive services) with other fundamental rights like non-discrimination. It is mostly directed against the state (in a broad sense) providing certain services, but may be extended to private law relations under the above mentioned qualification when originating from ‘collective regulations’.

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