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Legal Literature

Legal Literature Details
Member State Poland
Title Mutual payments between the parties after the consumer's withdrawal according to the Directive 2011/83/EU
Type article
Author OLCZYK, M.
Reference Europejski Przegląd Sądowy, 2013, no 3. p. 25-30.
Publication Year 2013
Keywords payment, sales contract, trader, withdrawal period

Consumer Rights Directive, Chapter 3, Article 13 Consumer Rights Directive, Chapter 3, Article 14

This article describes the provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.

The purpose of this article is to discuss the problems of settlements between the parties after the consumer withdraws from a contract within 14 days of its conclusion.

The author describes the concept and main purpose of the cooling off period and its place in Polish and EU law. The article also refers to statements of the Court of Justice of the European Union and the EU Advocate General on the issue of settlements between parties. The author assesses the limits of an acceptable cooling off period and the compensation for using of goods returned by the consumer to the trader.

Author also presents de lege ferenda proposals and guidelines for member states implementing Directive 2011/83.

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