ntr190-C_2019323EN.01000401-E0190
(190) The Court has not yet ruled on this question in relation to the UCTD but it has been asked to provide interpretation in Case C-829/18 Crédit Logement (pending on 31 May 2019). One element is that it is difficult for consumers to prove the absence of such information. Furthermore, EU directives providing for specific pre-contractual information obligations confirm that this obligation lies with the trader, e.g. Articles 5 and 6 of Directive 2011/83/EU on consumer rights (OJ L 304, 22.11.2011, p. 64), Articles 5 and 6 of Directive 2008/48/EC on credit agreements for consumers (OJ L 133, 22.5.2008, p. 66), Article 14 of Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property (OJ L 60, 28.2.2014, p. 34) or Article 5 of Directive (EU) 2015/2302 (OJ L 326, 11.12.2015, p. 1) on package travel and linked travel arrangements. Some of them have also codified the principle that the burden of proof in this respect is on the trader, for instance, in Article 6(9) of Directive 2011/83/EU and Article 8 of Directive (EU) 2015/2302.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.