Customers do not have to return bulky products if they are defective

The ECJ has ruled that consumers do not necessarily have to return bulky or difficult-to-transport goods purchased at a distance in the event of defects if transportation would cause considerable inconvenience. In this case, it is not the consumer but the seller who must take care of this. In the underlying case, the defendant had bought a 5m x 6m tent. He did not return the tent and did not offer to do so. However, the court states that the decision depends entirely on the individual case and the product in question(ECJ, judgment of 23.05.2019, ref.: C-52/18).

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Dennis Tölle

, Specialist Attorney for Copyright and Media Law; Specialist Attorney for Intellectual Property Law

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