Case law

  • Case Details
    • National ID: link
    • Member State: Germany
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 17/06/2015
    • Court: Federal Court of Justice
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: consumer rights, distance contracting
  • Directive Articles
    Consumer Rights Directive, Chapter 3, Article 12 Consumer Rights Directive, Chapter 3, Article 12, (a) Consumer Rights Directive, Chapter 3, Article 12, (b)
  • Headnote
    (1) A consumer’s right of withdrawal is not excluded in the case of distance contracts regarding the delivery of heating fuel. It is excluded in trades which have a “speculative core.” However, this is not the case when selling heating fuel to consumers.
  • Facts
    The plaintiff, a fuel trader, offers heating oil on a website. On 25 February 2013 the defendant, a consumer, ordered via this website 1,200 litres of heating fuel from the plaintiff, amounting to EUR 1,063.73. The contract included the plaintiff’s terms and conditions, including the following provision:

    § 2 Conclusion of a contract/ right of withdrawal
    Referring to Section 312 d (4) No. 6 Civil Code, there is no general right of withdrawal for orders of heating fuel or diesel for private consumers. The agreed price per litre applies until delivery of the heating fuel/diesel, irrespective of the development of the oil price.

    Due to the defendant refusing the delivery, the plaintiff demanded damages amounting to EUR 113,05 (EUR 95 excl. VAT). In a letter of 4 April 2013, the defendant declared the withdrawal of her declaration of intent.

    The plaintiff demanded payment of EUR 113, 05 and reimbursement of pre-trial costs before the local court, which ruled in her favour. The district court has rejected the admissible appeal.
  • Legal issue
    The appeal judgement must be repealed.
  • Decision

    (1) Is a consumer’s right of withdrawal in distance contracts excluded in cases where heating fuel is delivered?


    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The first-instance decision is changed and the lawsuit is rejected.