§3.1.9 Burden of proof

Since the trader’s failure to provide specific information required by the Directive leads to various sanctions provided under the Directive (in addition to sanctions that may apply under national laws), Article 6(9) contains a very important provision, which stipulates that with respect to distance and off-premises contracts ‘As regards compliance with the information requirements laid down in this Chapter, the burden of proof shall be on the trader’. Without excluding the possibility of proving facts by other means, the trader’s case would clearly become weaker if the required information is missing from the confirmation of the contract on a durable medium, which under Articles 7(1)–(2) or 8(7) (discussed in section 4.4) always has to include the information provided for in Article 6(1), unless already provided on a durable medium.

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