§3.1.6 Exemption of ‘day-to-day’ transactions

Article 5(3) allows Member States not to apply the pre-contractual information requirements under Article 5(1) to on-premises contracts ‘ which involve day-to-day transactions and which are performed immediately at the time of their conclusion . By their nature, these transactions are likely to be for low cost items. One obvious example is the purchase of foodstuffs and beverages intended for immediate consumption – e.g. snacks, take away meals, etc. Furthermore, Article 5(3) may also apply to certain services and not only to goods. In that context, the second criterion mentioned in Article 5(3), i.e., the requirement for the contract to be performed immediately at the time of its conclusion, is of particular importance. — Examples of such possible day-to-day services are: shoe cleaning services provided on the street, and cinema services where the ticket is purchased (i.e., where the contract is concluded) immediately before the film is watched.

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