sec_4_4__para__6

As regards what constitutes ‘active behaviour’ for drawing attention to new communication, the CJEU confirmed in the BAWAG case that sending an email to the consumer’s personal mailbox can be sufficient, on condition that: (i) the respective mailbox is regularly used by the consumer to communicate with other persons and (ii) the parties agreed to use it in the respective service contract entered into between the trader and consumer. The address thus chosen may not, however, be the mailbox assigned to the consumer on the website managed by the trader (122).

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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.