According to Article 9, paragraph (1) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (the Consumer rights directive), save where the exceptions <…> apply, the consumer shall have a period of 14 days to the right of withdrawal from a distance or off-premises contract, without giving any reason, and without incurring any costs other than those provided for <…>.
EuroClaim brought a claim to the Estonian court (in case No. 2-19-9638), asking for the explanation, whether its client has a right of withdrawal from a distance contract entered with a TV service provider.
The important aspect in this case that TV service provider after entering into the agreement with the customer did not include an information about the withdrawal period into the subscription confirmation order.
Article 8, paragraph (7) of the Consumer rights directive establishes that the trader shall provide the consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the distance contract, and at the latest at the time of the delivery of the goods or before the performance of the service begins. That confirmation shall include:
(a) all the information referred to in the Consumer rights directive Article 6(1) (incl. conditions of the right of withdrawal) unless the trader has already provided that information to the consumer on a durable medium prior to the conclusion of the distance contract;
(b) where applicable, the confirmation of the consumer’s prior express consent and acknowledgment that he thereby loses his/her right of withdrawal.
Although a TV service provider did not include information that the consumer losses his/her right of withdrawal in the subscription confirmation order, the Estonian court decided in this case that the consumer lost his/her right of withdrawal after 14 days term elapsed anyway.
According to EuroClaim, such a decision is controversial because it does not follow requirements established by the Consumer rights directive therefore, such decisions do not create a common and unanimous case in the European Union.
EuroClaim already wrote about different approach to the right of withdrawal in other EU countries.