Case law

  • Case Details
    • National ID: 14/2014-JPSXL
    • Member State: Portugal
    • Common Name:link
    • Decision type: Other
    • Decision date: 10/06/2014
    • Court: Justice of Peace
    • Subject:
    • Plaintiff: A
    • Defendant: B, Lda.
    • Keywords: consumer, right of withdrawal
  • Directive Articles
    Consumer Rights Directive, link Consumer Rights Directive, Chapter 3, Article 13
  • Headnote
    Off-premises contracts are governed by Directive 2011/83/EU of 25 October.
  • Facts
    The plaintiff concluded an off-premises contract with the defendant for the purchase of goods that were delivered to the plaintiff with defects. Therefore, the plaintiff exercised his right of withdrawal within 14 days following the delivery of the goods and asked for the reimbursement of the amounts paid to the defendant.
  • Legal issue
    The court ruled that the off-premises contract concluded between the plaintiff and the defendant should be governed by Decree-Law No. 24/2014 of 14 February, which transposed the Directive 2011/83/EU of 25 October. As such, the plaintiff should receive the amount claimed pursuant to article 13 Directive 2011/83/EU (implemented into Portuguese law by article 12 Decree-Law No. 24/2014 of 14 February).
  • Decision

    What is the legal regime applicable to off-premises contracts?


    Full text: Full text

  • Related Cases

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  • Result
    The court decided in favour of the plaintiff.