On Wednesday 17 May, the European Court of Justice ruled that a consumer may be exempted from any obligation to pay if they withdraw from an off-premises service contract, if they have not been informed in advance of this right of withdrawal, even if the contract in question has been performed.
A German consumer had concluded a contract with a company at the end of 2020 for the renovation of the electrical installation of his house. The company had failed to inform him of his right of withdrawal - in principle for 14 days - due to the fact that the contract was concluded outside the company’s business premises, and had performed the contract.
The consumer then refused to pay and withdrew, arguing that because the company had failed to inform him of his right of withdrawal and because the work had been carried out before the end of the withdrawal period, the company could not claim payment.
The German court had held that, according to the EU Consumer Rights Directive of 2011, a consumer is not liable for any costs for the service provided before the end of the withdrawal period when the trader has not informed him of this right.
But it had asked whether this did not ultimately allow the consumer to obtain a higher value.
“In an off-premises context, the consumer may be under potential psychological pressure or may be confronted with an element of surprise Therefore, the information concerning that right of withdrawal is of fundamental importance” for taking a decision on the contract in question, the Court ruled.
Furthermore, the Directive aims to ensure a high level of consumer protection, which would be compromised “if it were allowed that a consumer, following their withdrawal from an off-premises service contract, could incur costs that are not expressly provided for in the Directive”.
Link to the judgment: https://aeur.eu/f/6ye (Original version in French by Solenn Paulic)