Court of Justice, Eighth Chamber

17 May 2023, Case C‑97/22

(DC v HJ)

Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 14(4)(a)(i) and (5) – Right of withdrawal for off-premises contracts – Information requirements for the trader concerned – Failure of that trader to inform the consumer – Obligations of the consumer in the event of withdrawal – Withdrawal after the performance of the contract – Consequences

Article 14(4)(a)(i) and (5) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council,

must be interpreted as meaning that it exempts a consumer from any obligation to pay for performance provided pursuant to an off-premises contract, where the trader concerned did not provide him or her with the information referred to in Article 14(4)(a)(i) of that directive and that consumer exercised his or her right of withdrawal after the performance of that contract.

categoria:European Case Law