§5.11.4 Goods sealed for health protection of hygiene reasons

Article 16 (e) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; For an item to be exempt from the right of withdrawal under point (e), there should be genuine health protection or hygiene reasons for using a seal, which may consist of protective wrapping or film. This exception could apply, for example, to the following goods if unsealed by the consumer after delivery: — Cosmetic products such as lipsticks; — Toothbrushes, shavers and similar personal hygiene items. The Court ruled in case C-681/17 slewo that this exception does not apply to mattresses. The Court in particular stated that it is the nature of the goods which may justify their packaging being sealed for health protection or hygiene reasons and that, accordingly, the unsealing of the packaging deprives the goods inside of the guarantee in terms of health protection or hygiene (141). Accordingly, the exception to the right of withdrawal under point (e) of the first paragraph of Article 16 applies only if, after the packaging has been unsealed, the goods contained therein are definitively no longer in a saleable condition due to genuine health protection or hygiene reasons, because the very nature of the goods makes it impossible or excessively difficult, for the trader to take the necessary measures allowing for resale without affecting either of those requirements (142).

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