In the case of consumer contracts concluded at a distance (e.g. online) or off-premises, consumers normally have a 14-day right of withdrawal. A customer of a furniture company invoked this right. She had previously ordered a fitted kitchen at a commercial trade fair and ordered individual customizations. However, she withdrew from the contract within 14 days.

ECJ confirms: No exceptions for customer specifications

The furniture company did not want to accept this. Because acc. § 312g Abs. 2 No. 1 BGB, the right of withdrawal does not apply to goods that are „tailored to the personal needs of the consumer“. The case therefore ended up before the Potsdam District Court. The court then referred questions of interpretation on the right of withdrawal to the ECJ. For example, the district court wanted to know whether the exception also applies if production has not even begun or changes can be easily reversed.

The ECJ has now confirmed in its ruling that such circumstances are irrelevant (ruling of October 21, 2020, ref.: C-529/19). The aim of EU law is to ensure that all parties involved have the greatest possible legal certainty. However, because customers usually do not even know whether the implementation of their wishes has already begun, this cannot be relevant. In any case, entrepreneurs who start production as quickly as possible would have the advantage of being able to bring the right of withdrawal to an early end.

Exhibition stands can be business premises

Incidentally, the ECJ judges also note that in this specific case there are already doubts as to whether there was a consumer contract outside of business premises at all. This is because a commercial trade fair stand can certainly also be considered a business premises of a company. Only if the contract had been concluded somewhere at the trade fair, but not at the trader’s stand, would the EU Directive be applicable at all.

The decision in this individual case must now be made by the Potsdam District Court. However, the ECJ’s requirements are clear and also increase legal certainty for businesses and consumers alike beyond the individual case.