/r/LegalAdviceEU

Photograph via snooOG

r/LegalAdviceEU is a subreddit to ask questions and discuss anything relating to legal mater and the law in European Union countries, and the E.U. as a whole. Keep in mind that answers from users in this sub in no way replace advice from licensed professionals in each jurisdiction.

Friendly subreddits:

r/juridischadvies - Dutch Legal Advice

r/conseiljuridique - French Legal Advice

r/LegalAdviceEU is a subreddit to ask questions and discuss anything relating to legal mater and the law in European Union countries, and the E.U. as a whole. Keep in mind that answers from users in this sub in no way replace advice from licensed professionals in each jurisdiction.

Friendly subreddits:

r/juridischadvies - Dutch Legal Advice

r/conseiljuridique - French Legal Advice

/r/LegalAdviceEU

3,677 Subscribers

1

Collection Agency

Hi everyone,

I lived in Luxembourg for a period of about 8 months before I moved to another EU country.

I joined a gym and paid for it up until October 2023 when I left the country. The contract is for one year so will run up to June 2024.

I was paying for it using my Luxembourg bank account which is no longer in use.

I’ve just received an email to say that my current unpaid membership (€170.97) is being processed by a collection agency.

Any recommendations on how I approach this would be greatly appreciated!

Thank you.

0 Comments
2024/01/08
09:34 UTC

2

Dog stolen by family member

A family member tasked to watch my dog for a while has taken the dog to a vet and chipped him with her listed as the owner without my consent. I have all the papers proving ownership and the dog is already chipped, but they claim he is not. She says that I won't see the dog again and it's hers now. The cops won't do anything as it's not an emergency. Legal battles will drain me economically in no time at all, and they take plenty time, especially regarding animals. Should i just wait until she's outside and grab the dog? She's gone blackout on communication. What should I do here? The cops won't help as it's not an emergency.

1 Comment
2024/01/02
23:02 UTC

2

Question about marriage in EU with a non-EU member

Hi there, and happy new year!

My partner is from Indonesia, I am living in the Netherlands and we are planning to get married in the EU this year.

She has been asked to provide a birth certificate and a marital status, both of them with a translation in English and an apostille.

Only the marital status needs to be translated; does the apostille goes first on the original document or after, on the translation? Or on both?
Thank you so much.

1 Comment
2024/01/01
13:54 UTC

4

Trying to obtain a residence permit for partner?

I (25F) live in the Netherlands as a student, and am French. For almost a year I have been dating my Girlfriend (24F) here. She used to be studying and is now staying on a permit to look for a job. If she doesn't find a job by September, she will lose her residence permit and therefore will have to return to where she comes from (Russia) which she and I both understandably wish to avoid at all costs.

Here comes my question: Is there something I can do, as a French student in the Netherlands, to get her a residence permit within the EU in the event she fails to find work (She is going to a lot of job interviews but so far nothing has gone through, and we are beginning to worry.)

I am not sure marriage would obtain her a residence permit as I am French and she has never lived in France, and as I do not have a full-time job I doubt I am able to obtain some sort of partner visa for her. Is there anything I am missing or failing to look into at the moment?

Thank you for your help.

6 Comments
2023/12/29
13:59 UTC

0

Is there a proper legal way to consolidate a debt abroad?

I have been working in France for a couple of years. While I was there, I got a loan and bought an apartment in Italy (yes, in Turin they are cheap enough so that you can sometimes buy just with a personal loan, not necessarily a mortgage/hypothec).

Now I have returned, I'm living and working in Italy. I don't think it's completely legal to keep paying my loan in France, I'm supposed to repay it and close the French bank account, right?

In Italy we have personal loans for "debt consolidation", so i requested it. But when they sent me back the documentation, it says it's a loan for remodeling my home. That's wrong, I had requested for debt consolidation. When I asked why, they said "we can not legally do debt consolidation abroad".

Since all of it was online, I still have 14 days to regret it and give the money back to the Italian lender without paying any interests or penalties. I think I have to for legal reasons. But then I would be unable to repay back the French.

So, is there a proper legal way to consolidate a debt abroad? (Selling the apartment is a last resource that I would like to avoid).

Thanks

1 Comment
2023/12/07
14:07 UTC

1

Looking for mods!

Good if you have some mod Experience.

Responsibilities are basically to remove spam and look out for any stuck comments/posts that might need approval. Comment below.

0 Comments
2023/11/27
02:47 UTC

18

Doctor insisted it was just "stress" but it was actually epilepsy and a brain tumour.

Hi all, trying to figure out whether I've been a victim of medical malpractice or whether this is just a case of doctors are human and can't know everything...

I'm (29f) currently 32 weeks pregnant. I have had undiagnosed "neurological issues" for 4 years. I saw a neurologist in Belgium when they first started. I had a CT and EEG scan done they said I had a harmless arachnoid cyst on the temporal lobe but concluded I was just stressed and left me to it. I was relieved but confused.

The "episodes" came back a few times a month for the next 4 years but first with the pandemic, then with me moving countries (to Spain) I just kind of ignored them, justifying it by the fact they said I was fine and definitely didn't have neither epilepsy nor any harmful brain abnormalities so I just put it down to bad mental health and kinda gaslit myself that it was normal to have what I now know were seizures so frequently.

Fast forward to a few weeks ago, my OBGYN saw the neurology visits on my record and probed me about it. When I said I have these "episodes" frequently but were told they were nothing, she referred me to another neurologist. I had another EEG which immediately led to my diagnosis of temporal lobe epilepsy. I then had an MRI where they discovered a 6cm dermoid tumour in the temporal lobe- yes, this was the alleged "harmless cyst" they had diagnosed me with 4 years before.

So now I'm facing brain surgery to remove it ASAP after giving birth for the first time. The stress of this whole process is also something I worry about in terms of the impact on my pregnancy. And I'm basically just in disbelief that I lived with these symptoms for 4 years, believing I was just crazy, hiding them from people and still working etc. as normal. I had to quit the job I had at the time they started and ended up unemployed for 7 months during the pandemic. And I should add that I suspected temporal lobe epilepsy from the first neuro visit after reseaerching my symptoms and when they said I had a cyst in that area of the brain I said surely it's likely related to my symptoms then?? But I was basically mocked for suggesting epilepsy a well as for suggesting there could be a connection with the "cyst". They patronisingly just kind of laughed just told me I needed more sleep and all that...

They also took 2 years to send me the scan image which ultimately enabled my current doctors to confirm the tumour is growing. It took constant pleading with them and them saying it' not possible before suddenly giving in showing it obviously was all along...

My priority is getting to the end of this pregnancy and then getting through the surgery and recovery of course, but I am thinking of taking legal action against that first group of doctors/ hospital when I feel ready, and wanted to see if there's a potential case here, especially as I'm no longer in the country.

TLDR: had seizures for 4 years, initially diagnosed with stress, now found out in 3rd trimester of pregnancy that this whole time I had epilepsy and a growing brain tumour. Should I sue?

9 Comments
2023/11/26
18:44 UTC

5

Internet Archive restricting unitaterally removed the "noindex" value for all file uploads in the past and present, causing all the files with the value to appear in search engines again. Is that a violation users right to privacy and the right to rectify data?

Surely those who are long-time users of the Internet Archive must have known about the parameter "noindex" in items which makes it hidden from the internal search engine, although remains on their servers. It works essentially like YouTube's "Unlisted Videos" in which to access the item, one need to have know the exact URL.

There are essential cases where which the uploader had uploaded content that is controversial in certain jurisdictions but doesn't violate US law in any way and they fear that making it publicly in search engines will invite unnecessary hassles and liabilities to the Internet Archive. Modi BBC documentary might be one tenuous parallel example.

Another legitimate purpose of the noindex value could include that of when patrons want to strike a delicate balance between privacy & preservation so that their digital lives could be preserved for good while preventing short-term negative consequences such as doxxing and harassment particularly if they are involved in politics and other social activism at all.

There was even an informal policy by Internet Archive to noindex some YouTube videos out of copyright-related reasons, per this.

However, they had restricted/removed the noindex value function to users from about May or June this year, while unhiding all of the items that are used to be noindexed, back into the search engine. Other user reported the same problem. Users who tried to set the noindex value true again are met with the error "Error processing your changes: Can't modify read-only field 'noindex'".

Therefore I had emailed the Internet Archive to ask for an explanation and to get them reverse the decision which I think is hare-brained.

After a few going forth and backs, including me sending a pseudocode to them to help them with a script to put "noindex" on the items again, they came with this reply which I feel is unsatisfactory:

There is no bug or mistake in removing no-index settings for many Internet Archive items in the Community collection.

At no point was the Archive contacted to arrange a situation of no-indexing (or Darking) items with an intention of later release; the no-index setting was not documented for this use, and represented a security hole that was closed. Tens of thousands of items were found, being used for encrypted files hidden from the search engine, and represented a major problem, so many items have been removed or set noindex quickly.

A number of people have contacted us explaining situations where items might need to be made no-indexed, in a collection for later or timed release for example, but they've done it with communication and discussing their needs, not just uploading files under disposable accounts and then assuming the archive would keep them un-accessible in perpetuity. In some cases their requests have gotten arrangements so that community items that were noindex are noindex again, in separate collections.

A situation can theoretically exist where the original uploader can e-mail us from their e-mail address and discuss arrangements, but you've indicated you intentionally obfuscated your location and have disposed your addresses. If you're able to gain access again, you can mail through those addresses.

An additional situation is you can e-mail info@archive.org if you want to report items at the archive (by identifier) that you believe might need to be removed from the archive; we receive a number of these requests throughout the months and respond according to policy.

It is as if enshittification which had plagued Reddit just not long ago, has now made its landfall to the Internet Archive. The removal of "noindex" had in my two cents, destroyed the chance to attain delicate balance between preservation and privacy, hence meaning increased vulnerability to privacy and copyright related risks.

Thus, could that be a violation of users right to privacy and the right to rectify data, in terms of GDPR? Since I prefer to remain anonymous at this point since I got too much to lose, could a whistleblower complaint sufficient enough? How should the other victims who want to take the actual legal route involving lawyers and the "cease and desist letters" proceed?

2 Comments
2023/11/18
14:59 UTC

1

Bad personal data handling

My student hostel requires us to fill a paper with our names, phone numbers and room numbers when we use the washer. The paper is out in the open and can be seen by anyone. Is this allowed by GDPR?

1 Comment
2023/11/14
14:45 UTC

1

Car dealer burned engine computer while changing battery

Hi all,

I've been having a problem with a car service (dealership).

I am an EU citizen with swiss residency. This also means I'll have to export the parts from Germany into Switzerland (additional paperwork). Yes, this happened in Germany. I listened to the advice of some colleague to go there. This car service was the only one that could perform the service on my car before my vacation.

Took my car there about a month ago for the small service (should have been no more than 3 hours) and they decided my battery needs change (battery is 6 years old, I asked them to test the battery, just to be on the safe side this winter, I don't want to get stranded in the mountains at ski). They changed the battery, but the car (2017 SUV) wouldn't start anymore. They searched for the problem got 3 days and finally replaced the car engine computer and told me I need to pay for it myself (around 2500 Eur). I refused since the car worked without problems before, or drive thousands of km free months before, it also sat 1 month in garage and never had a problem; so I only paid for the service invoice (they started to charge me parking fees for every single day since then). The car didn't have a single error message in the dashboard (except for service now message). I drove the car there. They drove the car from the customer parking to the garage. No one called me before starting the service to tell me that I gave them a broken car. They only called me afterwards, once the motor was not starting anymore. When I moved the children car seats into the replacement car, I've seen errors displayed on car HUD and Navi like never before in my life... I also noticed other things, but I don't have photos, they say they don't have cameras in the service...

I've been exchanging emails with them and the car manufacturer representative in Germany but they stopped responding and the investigation of the car manufacturer representative is very slow. The support case got to the car factory.

It's already 1+ month without a car, we're a family with 2 small children and it's very hard for us. We don't live in the city.

I really suspect they did something shady, as there are more and more signs into this direction. I would not want to write my findings here, but I'll gladly discuss them in private with some lawyer or someone specialized in the car service problems domain. I also have several emails from them where they changed their position 3 times, from absurd (car computers burn when changing batteries) to lying (I have proof they're lying, in writing, email received from them). I am a technical person with a deep understanding of the automotive and industrial electronics sector. Given this situation, I now know a lot more about my car than before...

I am interested if I can do anything from a legal point of view, and do it fast. What are the steps that I need to take?

Anyone who had any experience like this before or any advice, please do step forward.

  • Some people say I should declare everything to the police (Betrug).

  • Some other people say I should wait for the investigation of the car representative in that country, but they seem to be dizzy (dizzy as in searching for green horses on the walls) from the car dealer's lies. I was able to shed some light myself into the investigation by sending the car manufacturer representative some photos.

  • Other friends tell me to take it for a technical evaluation at some other car service, ADAC eventually, as I have to personally prove they did something shady.

Didn't have too much time to fight them, as we went in vacation, then children got sick, there's a lot of work to do at the office... But this can't go on like this forever, I've decided to wrap things up this week.

Thank you all for your contributions!

0 Comments
2023/11/06
12:55 UTC

5

Concerns About Inhumane Working Conditions for Polish Workers in Germany

I am german. I saw workers from poland on another property being put there in the cold and snow in the morning and fetched at around 5pm by a self-righteous bossy boss having been in the car all the time probably without them having any place to warm up, no car, nothing. They sat under a tree to protect from the snow to eat something and smoke in between to then continue working.

Is that normal in poland? It seemed inhumane.

0 Comments
2023/11/04
14:39 UTC

1

Noise pollution

Hi guys,

Out of curiosity, is it legal to have more than 3 jackhammers going at the same time? I am reaching my breaking point.

I was cleaning my terrace with my boyfriend and we had to scream at each other to be heard, let alone the people who live next to a construction site. They start every morning at 7 (I believe the time should actually be 8 by EU law) for a few weeks, and then they come back and continue. It's damaging for us and our pet as she became anxious. It's inhumane and mentally exhausting. To add more, they are not wearing any protective gear.

Thank you for any input.

Edit: paragrahps + info

1 Comment
2023/10/23
10:08 UTC

1

Employer doesn't want to respect any of the new laws regarding parenthood for Children under the age of 4

TLDR: What are our rights as parents of children under the age of 4? Can employer reject all propositions regarding flexible working model?

Hi Reddit, My husband works for an IT company where, during the pandemic, he worked from home without any issues for about 2 years. This year they've switched to hybrid working- 2 days (16 hours) per week from the office (minimum). Due to the recent changes in European and Polish law, he applied to work fully remotely as we have 2 children under the age of 4, which was rejected, as his job requires some manual labor in the office (roughly 8 hours per 6 months, there's no logical reason to be present at the office as often as 2 days per week).

The main issue here is that we live outside of the town where his office is located, we own only one car and there's no public transport available, while we have to pick up kids from the daycare/kindergarten. Getting to and back from the office takes around 10 hours, while children cannot stay at school for more that 8 hours (for daycare it should be even shorter).

My husband proposed to his boss multiple solutions that would allow him to pick up the kids and function normally, for example:

  • work 1 day from the office, the rest from home (I would just stay with the kids at home for this one day)
  • work 3 days from the office (6 hours form office, 2 hours from home) and 4 days once a month (in the same manner, 6h from the office, 2 from home)
  • work 1/2 from the office (4 hours from the office, 4 hours from home)
  • work 6h hours during "the office" days and 10h hours during "working form home" days

All propositions were rejected, there is no good will from his boss. His arguments were "everyone has issues- deal with it", "your contract states that you have to work full 8 hours from the office"- technically true, but not fully- it states that he should work from the office full time, there was no addendum after going hybrid, etc. He also alluded that women should take care of the kids.

While my husband searches for a new job, is there anything we can do? Is his employer legally allowed to not agree to any flexibility in the matter of working model and/or hours?

0 Comments
2023/10/20
08:11 UTC

1

Custom Pre-Order lost in EU Customs, seller announces no full refund

I pre-ordered a hoodie with many other EU-customers in April/May because it was available for a limited time. The shop usually says "no refunds" but the entire EU orders of that pre-order has been stuck in customs.

By the end of November the shipment can be declared as lost and the seller can put in an insurance claim. The seller won't get the full sum they put into the wares though.

The seller now told me that in that case we will only be able to receive a refund for a set amount depending on what the insurance pays out.

One hoodie was 95€ with shipping. The shop was based in Germany at the time of ordering, moved to the US since then.

Is that legal? Shouldn't they refund it in full?

5 Comments
2023/10/17
23:12 UTC

1

Data Usage of AI-Bot for Company in EU storing data in the US

So at my company a colleague had the idea of staring a AI knowledge base for 1st line support

All nice and all, but I see 2 primarly issue's

  1. Data is stored in the US

  2. Data is Knowledgebase information that is from 1 customer, customer itself is a EU company, with mother company in asia.

Is this allowed?

I found this article : Data Residency Laws by Country: an Overview - InCountry

And this one: Storing EU data on US servers no longer compliant with GDPR - Matomo especially the 2nd one states the following:

In all other cases you can still send data to countries like the US if you get explicit and informed consent from a user. Meaning the user has been informed about all possible risks of sending the data to the US and who can access the data (for example the US government).

I might be wrong but this customer knows we have info, since we help them with IT, currently it stored in our azure tenant (teams), in europe

Effectivly moving it to the US sounds to me to not be OK at-all.

3 Comments
2023/10/11
09:00 UTC

1

Licence confiscated

Had an accident in Germany and police confiscated my license and charged me with suspect driving without license because they could not verify

0 Comments
2023/09/12
17:32 UTC

7

Legal Advice in Personal Information. Probably GDPR

Hello,

So to start. I have an account which have been hacked a couple days ago. Support of said application is basically refusing to reply or help. My first ticket was supposely send to the Safety team. 5 days later I get no reply and I decide to make a second account and open another ticket. Second ticket gets a reply by a person from Safety team within 15 seconds minutes. As soon as I mention my original ticket there is no more responses. This happened to me and a friend of mine. My account still seems to be ok. My friends account has been sold and someone else is in possession of it with all the information. PayPal, CCs, Addresses, Names, Contacts, Chats etc. Is there any legal action we can take against this company as they basically refusing to reply? Could we request access to these accounts by law? We live in Germany and Austria.

Kind regards.

2 Comments
2023/09/04
20:06 UTC

6

Summoned to court abroad for accusations of felony of 6 years ago.

hey guys,Today I've received a registered short containing a letter from the court in Italy (I'm from Belgium)

- a writ of summons to appear in court for accusations of a felony in 2017 for which i was a witness of a violent burglary and suddenly i'm being accused of being involved as some malicious accomplice. and to order me to come to court on 01/2023 (a date in the past) to answer to the above mentioned felonies

- minute of hearing : stating in short that 06/2023 that i wasn't present & live abroad and for these reasons a write of summons and notice is provided and that the trial to the hearing will be post-phoned to a date in 12/2023.

as this is my first encounter with the court i'm quite stressed out and trying to understand exactly what's happening & what my best course of action is.

  1. Why is the date of the writ of summons not the same as the hearing that took place?
  2. How do I proceed ? i'm not a resident in Italy? do I need to search a lawyer there ? or with a Belgium lawyer specialised in international law suffice? I need your advice here.
  3. Considering that this all took place almost 6 year ago, i'm really caught out of the blue that i'm being charged for this, i don't really have a lot of material or hard evidence to defend my case. I remember that my testimony of this all was done entire night long for several hour and that i was tired and something i had to repeat myself and police complained that my first versions of my story didn't exactly match with the version i've given several hours later but this was more due lack of sleep, language barrier than bad intent.
0 Comments
2023/08/29
19:11 UTC

1

Unequal treatment of customers by a company

Hello

Me and my friend were recently banned from dating app "Tinder" for having our instagram accounts names in profile descriptions. Tinder has recently changed it's Terms of Use forbidding such practise even tho it was allowed for a long time in the past. However what struck me was that when we both emailed customer support in order to appeal our ban, he got unblocked just after a single email. He admited his fault, said he won't do anything like this again, and they just let him go. In my case despite sending multiple emails, they decided to keep me banned.

I wanted to ask are there any EU laws, that protect me in case like this? I know there are which prohibit discrimination based on race, color, religion, sex, or national origin. However it doesn't seem to apply in my case.

I see people come to this subreddit with serious problems, and my may seem like nothing, but as an autistic person I have a very hard time connecting with people in real life, and apps like this are essential for me for keeping my social life alive.

I consider filing a BBB complaint if contacting support doesn't work, but I feel providing a proof of an unequal treatent in form of screenshots of my friend's emails with support isn't enough. With my friends consent I sent these screenshots to support, asking should't me and my friend be treated eaqually, and it didn't make any difference. I think I need to justify my complaint with a correct legal act. On r/legaladvice I was told in the US it would be a case lost, however since i'm in the EU they redirected me here.

8 Comments
2023/08/27
23:56 UTC

3

Being robbed by SIXT

Hi, so I recently got a threatning letter from Themys & Dyke on behalf of SIXT regrading a 4 months old unpaid 30 euros debt that somehow compounded to 270euros? Is it legal for the fees to be that high?

https://preview.redd.it/xjl7hj3i5vjb1.png?width=1138&format=png&auto=webp&s=71a6c4c27d7535fc033c8e0c0b6aa0d721ea7ddc

15 Comments
2023/08/23
13:40 UTC

0

Can I get a tattoo at 17 in Paris?

A friend and I are going to Paris. Next summer is when the trip is happening and we will both be 17 at the time. I’ve been wanting to get my spine done for years and I can finally do it. The reason I couldn’t do it before is because I need my mother for it, who is still my legal guardian, though I do not live with her and I absolutely hate her. I’m not some ungrateful brat or anything like that. She’s highly abusive and an alcoholic so I cut her out of my life two years ago. I live with my grandmother who is absolutely fine with me getting a tattoo. The only thing is our parents are not going to be on the trip with us because it is a school trip. So what I’m asking is, is it legal for a 17-year-old to get a tattoo in Paris without written parental consent? And if so are there shops in Paris that do this?

3 Comments
2023/08/13
19:55 UTC

2

Qeuestion about the origin of Directive 92/57/EEC

I work in OHS, and a great deal of my work relates to compliance with the norwegian implementation of Directive 92/57/EEC.

After the reading the original text from the EU commission I found the following section very interesting, and I wonder if anyone here knows what specific studies or investigations underpin this statament:

Whereas unsatisfactory architectural and /or organizational options or poor planning of the works at the project preparation stage have played a role in more than half of the occupational accidents occurring on construction sites in the Community

Does anyone know?

Link: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A31992L0057

0 Comments
2023/08/11
08:53 UTC

0

Gambling withdrawl gone missing

Hey,

not sure whether that's the right place to ask but here is the story:
Ever since I moved with my girlfriend together we barely came by with money, it always worked out but since my income serves for 2 people it's always been tough. Then I started to gamble ....

Lost like 1500€ within 2 months but then at some point I won 3400€ which does not seem like much, but for us it made a difference and since we're both on vacation it served as holiday money.

The money was transfered to my visa credit card on 2nd august, and it was there until today ... like the money was never on my account, no transaction history, nothing. It clearly was on my card visible for 7-8 days as balance, but since today there are no traces of the money visible to me.

2 things I did:

  1. I contacted the casino if the transaction was rolled back to unknown reasons (I find that fishy, because the money was clearly visible on my credit card for 1 week)
  2. I contacted my credit card institute but got no answer so far

In the worst case, I lose the 1500€ investment and also the 3400€ win, which does not seem right to me in the first place. I hate banks, they are big, and they have laywers but currently I do not really have the money so the 3400€ was my saving grace ... but money can not dissappear for no reason so I'm not really sure what to do.

I live in germany and the credit card institute is: https://amazon.lbb.de

Anyone had anything heard like that before? I feel like my money was stolen from my credit card institute but I have no proof, since you should be able to trust banks in the first place.

Any ideas, suggestions, legal actions I can take?

Best regards

2 Comments
2023/08/10
19:40 UTC

3

Do I need a visa in Belgium as a non-EU student with EU residency permit? Getting conflicting answers.

I'm an American doing a PhD in Italy, so I have an Italian residency permit. I'm supposed to do a six-month period of study at KUL starting this fall; my residency permit will be valid through that time. I thought initially that I wouldn't need a student visa because I have the residency permit. Then, someone in KUL admissions told me I did. I emailed the consul (American, the one in Rome hasn't responded) and the KUL international office to ask and they both said "maybe you don't but we're not sure." I know I'll need a residency permit when I get there, but EU citizens can apply on arrival, while foreign citizens need a visa first. The question is which category I fall into as an American resident in the EU. Getting a Belgian Type D visa takes a while, so if I need one I need to start now. Does anyone know for sure what I need to do?

3 Comments
2023/08/03
19:40 UTC

7

Mechanic made a huge job, problem NOT solved. Now he wants a ton of money. Can I refuse to pay?

Yes, this is related to my previous post. The missing piece has finally arrived, he replaced it, remounted everything... but the result is that nothing has been solved. It still sounds like everything's broken inside. The only thing I have is whatsapp messages in which I asked "have you confirmed the cause of the problem?" and he answered yes. He was supposed to know what has to be done, right? Well, he replaced the wrong piece.

Now he's proposing to do a much more complex job for a lot more money. I said no. Heavens no. I'm taking it to another one who will (hopefully) be more competent and do the job in a reasonable time.

He says he has the right to keep the car until I pay. I believe I don't have to comply with who is not compliant (Inadimplenti non est adimplendum), art. 1460 civil code.

Who is right?

0 Comments
2023/08/01
14:55 UTC

2

Delayed baggage and overbooked flight, what can I do?

Edit: in case anyone stumbles upon this - I was too tired and angry to notice that my airline provided me with a link to their site where you can submit your claim, and I talked to a sweet lady at the service desk of my airline, and she told me to submit for a compensation for: 1) EU compensation; 2) Flight overbooked and denied boarding. So I went to their site, and they have a form where they ask you bunch of question like your original flight reference and details, new flights, full name, notes from you, and your bank name and IBAN/Swift. So I submitted those 2 requests for compensations, and we'll see how this goes. I don't know how long it takes and by Googling it seems like it could be even 6-8 weeks or something, but I'm hopeful. After re-reading the messages from the airline I think I took it too harsh, and they were quite helpful about it, so my mistake

So I booked my flights in December (both returning and departing) and they were forJuly next year, so 8 months later

  • Lost baggage: so I was going to a festival, and the only luggage I had was a big tent, which was very compact. When I arrived at my destination, the luggage was not there, and I submitted the lost baggage and got my tracking through World Tracer. The important part here is that since it's a festival, a tent is extremely important, because there's no other way to stay anywhere. So first day of the festival instead of enjoying it, I waited the whole day in case I get my tent, and ended up buying a new, cheap and worse once, because I still hoped mine will arrive. Not only that, but I arrived early during the day, and the festival has a first come - closer to the entrance rule. So that got fucked as well and I had to walk all the way into the back to pitch my tent

Airline lost my tent, I had to buy a new shitty one in case my tent still arrives, I wasted a whole day on waiting, planted my tent all the way back, and it greatly ruined my experience of the festival

  • Overbooked flight: the same company that lost my luggage also told me yesterday that they "overbooked/cancelled" my flight, and rescheduled my flight for tomorrow, and instead of 1 direct flight of 1.5 hours it's 2 flights 2 hours each (!). Later I could also still see my flight active, so pretty sure they overbooked it (again, I bought my tickets last December if that means anything). I really needed to be back home today, and I'm sick and tired because last day of the festival it rained a lot. I had to ask at the airport if there's anything they can do, and only when I was running from booth to booth the airline gave me a hotel for the night (and there was no info about that in the SMS from the airline)

Honestly, this feels fucking ridiculous, that the same airline lost my luggage that was critical for me during the festival days, and now they overbooked my flight and threw me out
My question is regarding both of these situations - is it possible to seek compensation for that? And what's the best way to go about it, email or go to their booth or something?

4 Comments
2023/08/01
08:33 UTC

10

[Italy] Mechanic has dismounted the whole engine but done nothing else after 90 days. I fear he's unable to finish the job. What are my rights as a customer?

At this point I'm getting so upset that I wanted to retrieve my car "as is" and take it to another one... but before attempting that I asked, and other mechanics don't want to take responsibility: they won't receive a car with a dismounted engine. I'm stuck with this one.

I have whatsapp messages in which I asked "so, has the piece finally arrived?" and he replied like "still working on it, just a few more tweaks", then one week later "I'm remounting everything, it will be ready by the end of this week". I also have a paper in which he wrote down the date in which I left the vehicle in his hands. But that's basically it.

Yesterday I was there and we had a heated discussion in which he understood how upset I am. He said "if I replace this piece then it's also usually recommended to replace this other one as it costs only a few more bucks at no extra cost for work as it's already dismounted", then something like "the manufacturer's store for original pieces is on the other side of town, I'd rather go there only once".

This tells me he hasn't even received the first piece, even if messages said "it will be ready next week".

Do I have the right to ask for the vehicle to be remounted "as is" for free after so much time? I honestly feel I'm suffering more damages from the unavailability of the vehicle than from the actual mechanical problem which was just noise. And if he remounts without repairing I can take it to another one.

Is that implied by article 1460 of the civil code "no obligation to comply with who is not compliant"?

^(Yes, I fear he might intentionally add debris inside the engine as revenge if I do that, and I will never be able to prove it. But what else can I do?)

1 Comment
2023/07/25
08:05 UTC

11

Is it legal to bring a morning after pill to Hungary?

I'm going to Hungary for few days and since there it's not so easy to get that pill, I would like to know if it is possible to bring one with me. In the country I live in you don't need a prescription to buy the pill. I'm travelling by plane.

3 Comments
2023/07/22
15:13 UTC

3

Unpaid wages after voluntarily resigning to help the company

So I worked for this company for 2 years and I accepted their offer to resign because I knew they were failing and had respect for them.

The failure of the company, which is still live (online casino) was no fault of mine as I worked on the customer side, so nothing I could have done to have changed the outcome or generate them more revenue.

They sent me a formal letter confirming my termination date and last pay date. The last pay date was in February and I haven’t been paid the final months worth, which included outstanding holiday pay (I couldn’t take any holiday because I was the only person in my team, worked for months alone without days off)

Because the company run out of money, they couldn’t pay anyone, but now we’re 6 months on and I don’t even get a reply from the CEO, I do however have the payslip I’m due.

Is there any formal letter or request that would push this along or make them want to resolve this sooner?

The company is in the EU and I’ve had to move back to the UK otherwise I’d have been homeless. Thanks in advance for your advice 🙏🏼

0 Comments
2023/07/19
12:23 UTC

3

Question about autorización de estancia por estudios

I will try to ask the question as simple as possible.

One of the requirements for this authorization is:

''En caso de solicitar la autorización desde España, encontrarse regularmente en territorio español''

So, I have been in Spain since October. For the first few months with an Italian residence permit card and then with a ''expediente en tramite''... I asked police if that makes me illegal and they said no, it is a period of time that allows you to stay here until it is resolved without being subject to expulsion. In this case am I still able to fulfill the requirement I wrote above? They said being in this situation does not make me ''illegal'' but i feel like i am also not legal lmao. It is so confusing.

1 Comment
2023/07/13
20:14 UTC

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