Thursday, 5 July 2012

Consumers may remain passive while obtaining information about right of withdrawal - CJEU case C-49/11 (Content Services)

5 July 2012: the CJEU's case C-49/11 (Content Services)

The CJEU decided today that Article 5 of the Distance Selling Directive (97/7/EC) does not allow for service providers and sellers to convey information about, inter alia, a right of withdrawal to consumers only through a hyperlink placed on a website of the undertaking. Such a method does not fulfil the requirement of 'giving' the information to consumers, neither it can be said that consumers 'receive' the information, if an everyday meaning of these words is taken into account, that is the fact that consumers should not have to take any action in order to be provided with the information. (Par. 33-37) Moreover, a general website may not be seen as a 'durable medium' - for which there is another requirement in this provision. (Par. 43, 46, 49-50)

We have previously discussed the opinion of the AG Mengozzi in this case in details (Websites may be a click away from a durable medium), and since the CJEU followed his opinion we refer you, dear readers, to our previous post.

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