Case law

  • Case Details
    • National ID: 369/2003
    • Member State: Spain
    • Common Name:Laura v “Cambridge Institute 1908, S. L.”
    • Decision type: Other
    • Decision date: 15/09/2003
    • Court: Audiencia Provincial (Appellate court, Asturias)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Doorstep Selling Directive, Article 4 Doorstep Selling Directive, Article 5
  • Headnote
    1. Unilateral withdrawal from a contract concluded away from the commercial premises is also valid if exercised verbally within the period of seven days, particularly when the entrepreneur has failed to comply with his/her legal duty to provide a revocation form or document.
    2. Spanish legislation does not establish any strict form for cancellations, but the responsibility for demonstrating this lies with the consumer (Articles 5.2 and 5.3 of Law 26/1991).
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