lexiara

sec_1_2__para

The triggering factor for the application of the Directive is the offer to conclude a contract between a trader and a consumer. The Directive does not define ‘the contract’ and does not determine the circumstances when a contract to which the Directive applies is deemed to have been concluded. It is for the national courts and enforcement authorities in the Member State concerned to assess whether a legal relationship constitutes a ‘contract’. According to its Article 3(5):

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.