Entrepreneurs who inform consumers about their statutory right of withdrawal usually use the statutory templates for this purpose. If these are used correctly, a legal fiction applies that consumers have been properly informed. The BGH has now ruled that (sub)headings in these templates are an important component. If these are omitted, the fiction no longer applies. The lack of (sub)headings in the model is also not merely an irrelevant editorial error and exceeds the permitted deviations in format and font size. Entrepreneurs should therefore carefully compare their revocation instructions with the samples used in order to avoid unnecessary errors.

Are you a law firm outside Germany? We act as German and European counsel for foreign firms in trade mark, copyright and unfair competition matters, and the client relationship stays on your side. How we work with foreign law firms.