The court refers to the Messner-decision in which the ECJ, based on the interpretation of Directive 97/7/EC, decides the following:
"25. However, although Directive 97/7 is designed to protect the consumer in the particular situation of a distance contract, it is not intended to grant him rights going beyond what is necessary to allow him effectively to exercise his right of withdrawal.
26. Consequently, the purpose of Directive 97/7 and, in particular, the prohibition laid down in the second sentence of Article 6(1) and Article 6(2) thereof do not preclude, in principle, a legal provision of a Member State which requires a consumer to pay fair compensation in the case where he has made use of the goods acquired under a distance contract in a manner incompatible with the principles of civil law, such as those of good faith or unjust enrichment."
URL: http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBUTR:2012:BX6226
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