sec_5_3__para

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 11 of the Directive provides that the consumer can withdraw from the contract by either using the model withdrawal form or making any other unequivocal statement. The relevant Recital 44 refers to ‘returning the goods with a clear statement’: ‘[…] However, the consumer should remain free to withdraw in his own words, provided that his statement setting out his decision to withdraw from the contract to the trader is unequivocal. A letter, a telephone call or returning the goods with a clear statement could meet this requirement, but the burden of proof of having withdrawn within the time limits fixed in the Directive should be on the consumer. For this reason, it is in the interest of the consumer to make use of a durable medium when communicating his withdrawal to the trader.’

← 5.3. Ausübung des Widerrufsrechts · All articles · sec_5_3__para__2 →

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.