• Uppgifter om ärendet
    • Nationellt id-nummer: RH 2010:83; T 4184-09
    • Medlemsstat: Sverige
    • Vedertaget namn:T.E. v. C.F.G. AB
    • Beslutstyp: Annat
    • Beslutsdatum: 03/05/2009
    • Domstol: Svea hovrätt
    • Ämne:
    • Kärande:
    • Svarande:
    • Nyckelord:
  • Direktivartiklar
    Distance Selling Directive, Article 4, 1. Distance Selling Directive, Article 4, 2. Distance Selling Directive, Article 5, 1. Distance Selling Directive, Article 6, 1. Distance Selling Directive, Article 6, 1.
  • Huvudanmärkning
    Requirements regarding provided information concerning right of withdrawal
  • Omständigheter
    The company S.AB offered by phone the person T.E. a subscription, valid for one year, regarding the service to, when needed, bloc valuable documents and other payment services. An agreement was closed orally by phone. S.AB supplied T.E. with an acknowledgement of order. After the right of withdrawal period had expired S.AB supplied T.E. with a “welcome package” and an invoice. T.E. was also informed that the claim regarding the service had been transferred to the company G.F.G. AB. On the acknowledgement of order and on the invoice was provided certain information regarding the right of withdrawal from the agreement. Approximately two months after the contract was closed T.E. sent a letter to G.F.G. AB in which he contested the claim.

    G.F.G. AB filed a complaint against T.E. demanding the court to oblige T.E. to pay the claim of 399 SEK as well interests and expenses.

    T.E. contested the claim on the ground, as later to be fixed in the claim to the Court of Appeal, that he had used his right of withdrawal.
  • Juridisk fråga
  • Beslut

    The legal issue at hand is if the information that S.AB provided regarding right of withdrawal met the requirements in chapter 2 section 7 Distans- och hemförsäljningslag (2005:59).

    Following is given regarding the information provided concerning right of withdrawal. The customer was in the acknowledgement of order that was sent to T.E. requested to read the general regulation regarding consumer protection at distance selling, provided at the back side of the acknowledgement. Following was indicated at the back side of the acknowledgement as well as at the back side of the invoice. “The customer has a right of withdrawal according to Distans- och hemförsäljningslagen (2005:59). The withdrawal period is 14 days, counted from S.AB:s acknowledgement of order. (only applicable to consumer agreements).”

    The District Court concluded without further explanation that the information provided met the requirements in chapter 2 section 7 Distans- och hemförsäljningslag (2005:59). The court approved against that background the claims of G.F.G. AB.

    T.E. filed an appeal against the decision and demanded the court to dismiss C.F.G:s original claim.
    Concerning what kind of information that should be provided, the Court of Appeal re-ferred to two preparatory works (to the revoked Lagen (200:274) om konsumentskydd vid distansavtal och hemförsäljningsavtal, as well as to Distans- och hemförsäljningslag (2005:59)):
    “The consumer should be informed about: how the period of right of withdrawal is calcu-lated, how the consumer shall precede if he chose to use his right and how the conse-quent withdrawal is carried out. The consumer should also be informed about whether it is the businessman or the customer who will carry the costs for the redelivery of the goods. If the agreement concerns a service the customer shall furthermore be informed that he is deprived of the right of withdrawal if the service, with the consent of the cus-tomer, is started to be carried out already before the period of withdrawal has expired”. (See prop. 1999/2000 s. 39 f. and s. 89 f. as well as prop. 2004/05 s. 136.)
    With reference to the above mentioned statements the Court of Appeal took the stand that the information provided by S.AB did not meet the requirements in Chapter 2, Section 7 of Distans- och hemförsäljnignslag (2005:59). The court concluded that the extended pe-riod of right of withdrawal, covering a period of one year from the date of concluding the agreement, therefore was applicable in the case (see Chapter 2, Section 11 and 12, Dis-tans- och hemförsäljningslag (2005:59). T.E. had hence filed an appeal of withdrawal in time. The court dismissed against that background C.F.G:s original claim.
    (Abstract drafted by Egil Nordqvist)

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