§5.12.3 Derogations from the exceptions from the right of withdrawal

COMMISSION NOTICE Guidance on the interpretation and application of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights · European Union

Article 16 Member States may derogate from the exceptions from the right of withdrawal set out in points (a), (b), (c) and (e) of the first paragraph for contracts concluded in the context of unsolicited visits by a trader to a consumer’s home or excursions organised by a trader with the aim or effect of promoting or selling products to consumers for the purpose of protecting the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices. Such provisions shall be proportionate, non-discriminatory and justified on grounds of consumer protection. In case of contracts concluded in the context of unsolicited visits by a trader to a consumer’s home or excursions organised by a trader with the aim or effect of promoting or selling products to consumers, Member States may derogate from the following exceptions from the right of withdrawal: — service contracts after the service has been fully performed (point (a) of the first paragraph of Article 16); — the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period (point (b) of the first paragraph of Article 16); — the supply of goods made to the consumer’s specifications or clearly personalised (point (c) of the first paragraph of Article 16); — the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (point (e) of the first paragraph of Article 16); The derogation does not necessarily mean complete non-application of the exception from the right of withdrawal. It can also consist of a modification of the existing exception to make it more favourable to the consumer whilst ensuring that it is proportionate (also with regard to the legitimate interests of the traders), non-discriminatory and justified on grounds of consumer protection.

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