lexiara

(ordered by the year of the judgment)

Case number and name Issue(s) Section(s) in the Notice 1999 C-423/97 – Travel–Vac Directive 85/577/EEC – Scope – Time–share contracts – Right of renunciation 2.1. Contracts concluded outside the trader’s business premises 2005 C-20/03 – Burmanjer Itinerant sale – Conclusion of contracts for subscriptions to periodicals – Prior authorisation 1.4. Mixed purpose contracts 2009 C-489/07 – Messner Directive 97/7/EC – Consumer protection – Distance contracts – Exercise by the consumer of the right of withdrawal – Compensation for use to be paid to the seller 5.5.4. Consumer’s liability for mishandling of the goods 2012 C-49/11 – Content Services Directive 97/7/EC – Distance contracts – Consumer information – Information given or received – Durable medium – Meaning – Hyperlink on the website of the supplier – Right of withdrawal 4.4. Confirmation of the contract 2016 C-149/15 – Wathelet Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Scope – Concept of ‘seller’ – Intermediary – Exceptional circumstances 3.2.2. Trader’s identity and contact details 2017 C-375/15 – BAWAG Directive 2007/64/EC – Payment services in the internal market – Framework contracts – Prior general information – Obligation to provide that information on paper or on another durable medium – Information transmitted by means of the electronic mailbox of an online banking website 4.4. Confirmation of the contract C-586/15 – Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main Directive 2011/83/EU – Article 21 – Communication by telephone – Operation of a telephone line by a trader to enable consumers to contact him in relation to a contract concluded – Prohibition on applying a rate higher than the basic rate – Concept of ‘basic rate’ 9. Communication by Telephone 2018 C-105/17 – Kamenova Directive 2005/29/EC – Article 2(b) and (d) – Directive 2011/83/EU – Article 2(2) – Concepts of ‘trader’ and ‘commercial practices’ 1.1. The definitions of ‘trader’ and ‘consumer’ 3.4.2. Status of the contractual party C-332/17 – Starman Directive 2011/83/EU – Article 21 – Consumer contracts – Telephone communications – Practice of a telecommunication services provider consisting in offering its customers who have already concluded a contract a speed dial number at a rate higher than the basic rate 9. Communication by Telephone C-485/17 – Verbraucherzentrale Berlin Directive 2011/83/EU – Article 2(9) – Concept of ‘business premises’ – Criteria – Sales contract concluded on a stand run by a trader at a trade fair 2.1. Contracts concluded outside the trader’s business premises 2019 C-430/17 – Walbusch Walter Busch Directive 2011/83/EU – Distance contracts – Article 6(1)(h) – Obligation to provide information on the right of withdrawal – Article 8(4) – Contract concluded through a means of distance communication which allows limited space or time to display the information – Meaning of ‘limited space or time to display the information’ – Brochure inserted in a periodical – Mail order coupon containing a hyperlink referring to information on the right of withdrawal 4.2.2. Requirements for the order confirmation button 5.2. Information about the right of withdrawal C-649/17 – Amazon EU Directive 2011/83/EU – Article 6(1)(c) – Information requirements for distance and off-premises contracts – Obligation, for a trader, to indicate its telephone number and its fax number where they are ‘available’ 3.1.2. Clarity of the information and link to the UCPD 3.2.2. Trader’s identity and contact details 5.2. Information about the right of withdrawal C-681/17 – slewo Directive 2011/83/EU – Article 6(1)(k) and Article 16(e) – Distance contract – Right of withdrawal – Exceptions – Concept of ‘sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed by the consumer after delivery’ – Mattress whose protective seal has been removed by the consumer after delivery 5.4.4. Consumer’s liability for mishandling of the goods C–465/19 – B & L Elektrogeräte Directive 2011/83/EU – Article 2(8)(c) and (9) – Off–premises contract – Concept of ‘business premises’ – Contract entered into at a stand at a trade fair immediately after the consumer, who was in a common area of the fair, had been solicited by the trader 2.2. Contracts concluded after addressing the consumer outside the business premises C-673/17 –– Planet49 Directive 95/46/EC – Directive 2002/58/EC – Regulation (EU) 2016/679 – Processing of personal data and protection of privacy in the electronic communications sector – Cookies – Concept of consent of the data subject – Declaration of consent by means of a pre–ticked checkbox 5.6.1. Consumer’s consent to immediate performance 2020 C-583/18 – DB Vertrieb GmbH Directive 2011/83/EU – Scope – Service contract – Article 2(6) – Contract for passenger transport services – Article 3(3)(k) – Cards conferring entitlement to price reductions when passenger transport contracts are subsequently concluded – Online selling of such cards without informing the consumer about the right of withdrawal 1.7.5. Passenger transport C-208/19 – NK (Individual house project) Directive 2011/83/EU – Scope – Article 3(3)(f) – Concept of ‘contracts for the construction of new buildings’ – Article 16(c) – Concept of ‘goods made to the consumer’s specifications or clearly personalised’ – Contract between an architect and a consumer concerning the drawing up of a plan for a new single–family house 1.7.1. Rental contracts and building contracts 5.11.2. Goods made to the consumer’s specifications or clearly personalised C-266/19 – EIS Directive 2011/83/EU – Article 6(1)(c) and (h), and Article 6(4) – Annex I.A – Right of withdrawal – Information to be provided by traders in relation to the conditions, time limit and procedures for exercising the right of withdrawal – Obligation for traders to provide a telephone number ‘where available’ – Scope 5.2. Information about the right of withdrawal C-329/19 – Condominio di Milano, via Meda Directive 93/13/EEC – Unfair terms in consumer contracts – Article 1(1) – Article 2(b) – Definition of ‘consumer’ – Commonhold of a building 1.1. The definitions of ‘trader’ and ‘consumer’ C-380/19 – Deutsche Apotheker Directive 2011/83/EU – Alternative dispute resolution – Article 13(1) and (2) – Mandatory information – Accessibility of information 3.3.4. Out-of-court redress mechanisms C-529/19 – Möbel Kraft Directive 2011/83/EU – Article 16(c) – Right of withdrawal – Exceptions – Goods made to the consumer’s specifications or clearly personalised – Goods which the trader has begun to produce 5.11.2. Goods made to the consumer’s specifications or clearly personalised C-641/19 – PE Digital Directive 2011/83/EU – Point 11 of Article 2, Article 14(3) and Article 16(m) – Distance contract – Supply of digital content and digital services – Right of withdrawal – Obligations of the consumer in the event of withdrawal – Determination of the amount to be paid by the consumer for the services provided before the exercise of the right of withdrawal – Exception to the right of withdrawal in the case of the supply of digital content 1.5. Distinction between digital services and online digital content 5.6.2. Consumer’s compensation obligation 2021 C-922/19 – Stichting Waternet Directive 97/7/EC – Article 9 – Directive 2011/83/EU – Article 27 – Directive 2005/29/EC – Article 5(5) – Annex I, point 29 – Unfair commercial practices – Concept of ‘inertia selling’ – Supply of drinking water 1.2. The notion of ‘contract’ C-536/20 – Tiketa Directive 2011/83/EU – Article 2(2) – the concept of a trader – Article 8(1) – information requirements 3.1.2. Clarity of the information and link to the UCPD 3.2.2. Trader’s identity and contact details C-96/21 – CTS Eventim Directive 2011/83/EU – Article 16(1) – Right of withdrawal cultural event – online intermediary 5.11.6. Contracts with a specific date or period of performance C-179/21 – Victorinox Directive 2011/83/EU – Article 6(1)(m) – information on the commercial guarantee 3.2.6. Guarantees and after– sales services C-249/21 – Fuhrmann–2 Directive 2011/83/EU – Article 8(2), second subparagraph – ‘label’ of the order confirmation button or of the similar function 4.2.1. Information to be presented directly before placing the order

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