Post office box information in withdrawal policy not sufficient

The Berlin Court of Appeal has ruled that, in accordance with the wording of Art. 247 § 6 Para. 2 EGBGB, the information to be included in the contract regarding the right of withdrawal for consumer loan agreements must include a summonable address for the addressee of the withdrawal. A P.O. Box address is therefore not sufficient (in deviation from the legal situation before June 11, 2010). A street, house number and zip code are required. In this specific case, the failure to provide a summonable address meant that the 14-day withdrawal period did not begin to run, meaning that the customer concerned was still able to withdraw from the contract after this period(KG Berlin, decision of May 16, 2019, ref.: 6 U 3/19).

Free newsletter

Current decisions and practical guidance on trade mark, copyright, media and competition law in Germany and the EU. Concise, by email.

Double opt-in. You can unsubscribe at any time using the link in every email.

Contact person

Picture of Dennis Tölle

Dennis Tölle

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

Free newsletter

Kostenloser Newsletter

Aktuelle Urteile, Praxistipps und neue Folgen aus Marken-, Urheber-, Medien- und Wettbewerbsrecht. Kompakt per E-Mail.

Double-Opt-in. Abmeldung jederzeit über den Link in jeder E-Mail.

Search

Request