§1.7.3 Contracts established by a public office-holder

Article 3 3. This Directive shall not apply to contracts: (i) which, in accordance with the laws of Member States, are established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope; The Directive does not identify the public office-holders referred to in this provision. However, it lays down the criteria they must fulfil for the contract to fall outside the Directive’s scope. This exception only applies to contracts established by a public office-holder (such as a public notary) who is subject, under national law, to all the conditions under Article 3(3)(i): — For example, the exception would not apply to a contract for which a public office-holder, who has the statutory obligation to be independent and impartial, has merely certified the identity of the parties. For this exception to be applicable, it does not seem necessary for national law to require the contract in question to be concluded through the services of a public office-holder. The exception should also apply if one or both of the parties to the contract voluntarily request a public office-holder to establish their contract (39).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07