Case law

  • Case Details
    • National ID: Case 14/06430
    • Member State: Denmark
    • Common Name:The Consumer Ombudsman's decision in case 14/06430
    • Decision type: Administrative decision, first degree
    • Decision date: 20/03/2015
    • Court: The Consumer Ombudsman
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: consumer, goods made to the consumer's specification, right of withdrawal
  • Directive Articles
    Consumer Rights Directive, Chapter 1, Article 2, (4) Consumer Rights Directive, Chapter 3, Article 16, (c)
  • Headnote
    Customised goods are not exempt from the right of withdrawal as long as it would not be impossible to sell them to other customers.
  • Facts
    A producer of beds wanted to know whether customised beds were exempt from the right of withdrawal in accordance with Section 18(2)(3) of the Consumer Contracts Act. The beds were custom made for each consumer based on the consumer's individual choices, including choice of materials, color, design and mattress.
  • Legal issue
    The Consumer Ombudsman noted that the beds were based on standard choices that were not extensive or atypical to a degree that would make it impossible to sell the beds to other customers. Consequently, they were not covered by the exemption in Section 18(2)(3) of the Consumer Contracts Act.

    In regards to whether the application of a consumer's name on the bed could exempt the beds from the right of withdrawal, the Consumer Ombudsman noted that it was dubious whether the fact that the manufacturer chose to apply the name without it being an individual demand from the consumer could mean that 18(2)(3) would apply. However, the Consumer Ombudsman stated that that was for the courts to decide.
  • Decision
  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    The customised beds were not exempt from the right of withdrawal.