Consumer Rights Directive - 2011/83/EU

Question 1

CRD - Intro

Answer 1

• full harmonisation
• particular focus on distance contracts and off-premises contracts
• in force since June 2014
• sanctions -> national

Question 2

“Business premises”

Answer 2

• Art 2 (9)

- case law: stand at a trade fair constitutes ‘business premises’ (Verbraucherzentrale Berlin)

Question 3

On-premises contracts

Answer 3

• pre-contractual information requirements

- no right of withdrawal

Question 4

Distance contracts

Answer 4

• additional pre-contractual information requirements (Art. 6 (1))
• right of withdrawal (rationale of protection?)
• formal requirements: Art. 8

Question 5

Off-premises contracts

Answer 5

• additional pre-contractual information requirements (Art. 6 (1))
• right of withdrawal (rationale of protection?)

Question 6

Formal requirements trading websites

Answer 6

Art. 8:

(9) : e-Commerce directive
(3) : delivery and payment restrictions
(2) : providing most important information, obligation to pay button

Question 7

Right of withdrawal distance / off-premises contracts

Answer 7

• Art. 9 (1): 14 days, no reason, no costs
• if withdrawal right omitted: Art. 10 -> 1 year
• how to withdraw: Art. 11

Question 8

Exceptions of right of withdrawal distance / off-premises contracts in Art. …

Answer 8

Art. 16

Question 9

Legal effects of withdrawal from withdrawal distance / off-premises contracts

Answer 9

• Art. 12: restore status quo ante
• Art. 13: reimbursement of payments
• Art. 14: consumer has to send back the goods

Question 10

New consumer rights

Answer 10

• Art. 18: delivery no later than 30 days
• Art. 19: prohibition of charges for usage of payment
• Art. 20: passing of risk at moment of delivery
• Art. 21: no charges for contacting trader in relation to the contract via telephone (Zentrale zur Bekämpfung unlauteren Wettbewerbs, Starman)
• Art. 22: prohibition of default options