Case law

  • Case Details
    • National ID: AP de Guadalajara (Sección 1ª) Sentencia núm. 196/2006 de 10 octubre
    • Member State: Spain
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 10/10/2006
    • Court: Provincial Court of Guadalajara
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Centro de Estudios Ceac, S.L.
    • Keywords: distance contracting, right of withdrawal
  • Directive Articles
    Doorstep Selling Directive, Article 5, 1.
  • Headnote
    Execution in writing of a distance contract that includes information on the right of withdrawal is enough to prevent the consumer from benefiting of the expanded term legally awarded to consumers that were not informed of their right to withdraw from the contract.
  • Facts
    The plaintiff contracted remotely with the defendant. The plaintiff tried to withdraw from the contract after 7 days and refused to pay the defendant. The first instance court ordered the plaintiff to pay the defendant and to assume the delay interest.
  • Legal issue
    The Court decided to dismiss the appeal filed by the plaintiff.
  • Decision

    Is it enough to include information on the right of withdrawal in the contract to fulfill the prior information requirements contained in the applicable law?

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The plaintiff is ordered to pay for the contracted service.