Rechtsprechung

  • Rechtssachenbeschreibung
    • Nationale Kennung: Supreme Court, Judgement 10 Ob 34/19a
    • Mitgliedstaat: Österreich
    • Gebräuchliche Bezeichnung:N/A
    • Art des Beschlusses: Beschluss des Obersten Gerichts
    • Beschlussdatum: 25/06/2019
    • Gericht: Oberster Gerichtshof
    • Betreff:
    • Kläger:
    • Beklagter:
    • Schlagworte: distance contracting, distance selling, B2C
  • Artikel der Richtlinie
    Consumer Rights Directive, Chapter 3, Article 6 Consumer Rights Directive, Chapter 3, Article 10
  • Leitsatz

    ECLI:AT: OGH0002:2019:0100OB00034.19A.0625.000

    If the seller does not fully comply with his duty to inform, the withdrawal period pursuant to paragraph 12 (1) FAGG (Austrian Distance Selling Act) (Austrian Distance Selling Act) (=Art 10 of Directive 2011/83/EU) is extended by 12 months.

  • Sachverhalt

    After the conclusion of the purchase agreement for an apartment on 31 May 2017, the defendant had declared to the real estate agent suing for payment of the commission on 27 February 2018 that he was withdrawing from the real estate agency agreement concluded outside the business premises. The defendant also complained that on the occasion of receiving an “information sheet” regarding his right to withdrawal he was not specifically provided with a withdrawal form.

  • Rechtsfrage

    The subject of the appeal proceedings was the question of whether the defendant could successfully rely on the extension of the withdrawal period in relation to the real estate agency agreement concluded by himself with the plaintiff outside the latter's business premises, especially considering the defendant was not provided with a sample withdrawal form when receiving an “information sheet” from the real estate agent regarding the defendant’s right to withdraw.

  • Entscheidung

    The seller must provide the consumer with the model withdrawal form as part of his duty to inform the consumer about the right of withdrawal under paragraph 4 (1), (8) FAGG (Austrian Distance Selling Act) (see Art 6 of Directive 2011/83/EU). If the consumer is not provided with the model withdrawal form, the withdrawal period pursuant to paragraph 12 (1) FAGG (Austrian Distance Selling Act) (see Art 10 of Directive 2011/83/EU) is extended by 12 months.

    Volltext: Volltext

  • Verbundene Rechtssachen

    Keine Ergebnisse verfügbar

  • Rechtsliteratur

    Keine Ergebnisse verfügbar

  • Ergebnis

    First case law on the legal consequences of the (isolated) non-transmission of the standard withdrawal form in such a contract. The Supreme Court follows the statements of the lower instances as well as the doctrine prevailing in Austria on this question and refrains from forwarding a question for a preliminary ruling to the European Court of Justice.