§1.9 Rules for public auctions
The Directive applies to auctions, subject to specific rules regarding ‘public auction’, defined under Article 2(13) as ‘a method of sale where goods or services are offered by the trader to consumers, who attend or are given the possibility to attend the auction in person , through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or services’. For public auctions, Article 6(3) makes it possible to replace the identity, contact details and geographical address of the establishment and place of business of the trader selling the goods or services with those of the auctioneer. Furthermore, there is no right of withdrawal from contracts concluded at a public auction pursuant to the exception in point (k) of the first paragraph of Article 16. A public auction should give consumers the possibility to attend in person, even if it is also possible to make bids online or by telephone. In contrast, online auctions without the possibility to attend in person should not be considered public auctions. Recital 24 specifies that ‘[…] the use of online platforms for auction purposes which are at the disposal of consumers and traders should not be considered as a public auction within the meaning of this Directive.’ Accordingly, online auctions should be fully subject to the Directive regarding, e.g., the pre-contractual information to be provided before the consumer is bound by the contract (the bid) and the right of withdrawal. — An example of the limits of the above exception is an online platform that offers for sale to consumers various items, such as vehicle parts, small machines, tools, electronics and furniture. Even though transactions may be concluded in the form of an auction in which the selling price of the goods is determined on the basis of bids made on top of a starting price, this would not qualify as a ‘public auction’. Thus, consumers would retain the right to withdraw a bid once made within the terms prescribed by the CRD.
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Source: EUR-Lex (Cellar) · retrieved 2026-09-07