§2.2 Contracts concluded after addressing the consumer outside the business premises

Article 2 (8) ‘off-premises contract’ means any contract between the trader and the consumer: […] (c) concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer; or […] Subparagraph (c) of Article 2(8) provides another example of off-premises contracts. The terms ‘personally and individually addressed’ in this provision should apply to offers and similar commercial communications (regardless of their legal classification) that are formalised into a contract immediately afterwards on the trader’s business premises or through any means of distance communication. For this provision to apply, the trader’s offer should be addressed to a particular consumer, for example: — The trader’s representative approaches the particular consumer in the street with an offer for a subscription to a monthly magazine and the contract is immediately signed on the trader’s nearby business premises. — In contrast, the mere distribution of advertising leaflets in the street near the trader’s premises without individual targeting of individual consumers would not count as ‘personally and individually’ addressing the consumer for the purposes of this provision. In addition, for this provision to apply, the contract should be concluded immediately. The contract would not be immediately concluded if the consumer leaves the trader’s premises after having been invited to them, and returns at his own initiative later, for example, the following day after having considered the offer. In case C-465/19 B & L Elektrogeräte GmbH the Court ruled that the aisle common to the various stands present in an exhibition hall, in which the trader’s stand (which itself was recognised as ‘business premises’) is located, cannot be considered to be ‘business premises’, in so far as that aisle provided access to all the traders’ stands in that hall. Therefore, where a trader addresses a customer in such common space of the fair, as a result of which a contract is concluded at a stand run by the trader immediately thereafter, this is an ‘off-premises contract’ within the meaning of Article 2(8) of CRD (48).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07