sec_5_5_4__para__8

In case C-681/17 slewo, the CJEU decided that mattresses covered with protective film do not fall under the exception of the right of withdrawal provided in Article 16(e) regarding goods that have been sealed for health protection or hygiene reasons and unsealed by the consumer. The Court considered that mattresses may be equated with garments for which the right to try them on is expressly authorised. Therefore, mattresses with their protective film removed and potentially used by the consumer were deemed suitable for being sold again and used by a new buyer in so far as the trader is in a position to make mattresses (or garments) suitable for new use by a third party, without prejudice to the requirements of health protection or hygiene, by means of a treatment such as cleaning or disinfection (127).

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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.