sec_5_11_2__para__8

In contrast, where the exception applies, the restriction on withdrawal from contracts for the supply of goods made to the consumer’s specifications or clearly personalised is absolute and does not depend on whether the trader has started working on the order or not. This was confirmed in case C-529/19 Möbel Kraft, were the Court observed that this is the only interpretation of Article 16(c) CRD that could ensure legal certainty, which is one of the objectives of the Directive, as noted in Recitals 7 and 40 thereof (140). The existence of the consumer’s right of withdrawal would be at issue if it depended on the state of progress of the performance of the contract by the trader, a state of progress of which the consumer is not, as a general rule, informed and over which he or she has, a fortiori, no control. Moreover, such interpretation would not be reconcilable with the obligation of the trader to provide clear pre-contractual information.

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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.