Case law

  • Case Details
    • National ID: ECLI:NL:RBMNE:2016:6421
    • Member State: Netherlands
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 30/11/2016
    • Court: District Court Midden-Nederland
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: contract law, doorstep selling
  • Directive Articles
    Doorstep Selling Directive, link
  • Headnote
    (1)If a format termination letter is not issued in accordance with art. 24 and 25 Door-to-Door Sales Act when signing the contract it does not affect the validity of the contract.
    (2) The period of notice is extended when the contract does not apply with art. 6:230m (h) DCC.
  • Facts
    Plaintiffs have entered into contract with the defendant for the provision of services for home security for the duration of five years. An alarm installation has been freely available to the plaintiffs during the duration of the contract. Plaintiffs claim that defendant has acted in conflict with the Door-to-Door Sales Act, namely art. 24 and 25, which the consequence of nullity.
  • Legal issue
    (1) Issuing a format letter for termination of a contract does not fall under the scope of Directive 85/577/EEC. However, national legislators are free to provide for more consumer protection. The lack of a model letter does not however, have the consequence of voidness of the contract. Voidness of the contract only comes into effect when the possibility to terminate the contract and/or the name and place to which this termination can be send are not mentioned in the contract. From the text of art. 24 Door-to-Door Sales Act cannot be derived that the legislator wanted to provide this extra protection to the consumer.
    (2) Also the court decides that the agreement has to comply with art. 6:230m (h) DCC and the period of notice is extended when it does not comply.
  • Decision

    (1) Is the fact that the termination letter is not issued with the signing of the agreement an infringement of art. 24 and 25 Door-to-Door Sales Act?
    (2) Is the period of notice extended when the agreement falls under the scope of art. 6:230m (h) DCC and does not comply with it?


    Full text: Full text

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  • Result
    The court gives the opportunity to the defendant to prove that the plaintiff had received the model termination letter when signing the contract.