Legal Literature

  • Legal Literature Details
    • Member State: Austria
    • Title: Extended right of withdrawal - Progress and distortion due to the Consumer Rights Directive Implementation Act
    • Subtitle:
    • Type: article
    • URL:
    • Author: WENDEHORST, C.
    • Reference: VbR 2014/110
    • Publication Year: 2014
    • Keywords: distance contracting, information obligation, off-premises contract, withdrawal period
  • Directive Articles
    Consumer Rights Directive, Chapter 3, Article 9 Consumer Rights Directive, Chapter 3, Article 10, 2. Consumer Rights Directive, Chapter 3, Article 16
  • Headnote
    This article shows that the consistent extension of the withdrawal period, despite all its positive effects, has also weakened consumer protection. According to the author, the reason for this are gaps in distance and off-premises contracts about services, especially in cold calling cases. But in her opinion it is also caused by the totally disproportionate legal consequence, where the entrepreneur loses his right to compensation when making a mistake informing the consumer.

    Additionally, the article discusses in which cases a brief information before concluding a distance or off-premises contract will be sufficient to start the short withdrawal period (14 days).
  • General Note
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