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 about the right of withdrawal for consumer loan agreements must include a summonable address of 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 the 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).

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