Mobel Kraft (Consumer protection - Goods made to the consumer's specifications or clearly personalised - Judgment) [2020] EUECJ C-529/19 (21 October 2020)

Mobel Kraft (Consumer protection - Goods made to the consumer's specifications or clearly personalised - Judgment) [2020] EUECJ C-529/19 (21 October 2020)

Article 16(c) of Directive 2011/83/EU must be interpreted as meaning that the exception to the right of withdrawal applies to off-premises contracts for goods made to the consumer’s specifications, irrespective of whether the trader has begun to produce those goods.

Citation
[2020] EUECJ C-529/19
Parties
Claimant: Möbel Kraft GmbH Co. KG; Respondent: ML
Jurisdiction
European Union
Judgment Date
21 October 2020
Procedural Posture
Preliminary Ruling (cjeu) / Reference From National Court (amtsgericht Potsdam, Germany)
Outcome
Preliminary ruling issued: Article 16(c) of Directive 2011/83/EU excludes the right of withdrawal for off-premises contracts for goods made to the consumer’s specifications, regardless of production status.
Legal Topics
Right of Withdrawal, Exceptions to Consumer Rights, Off Premises Contracts, Goods Made to Consumer's Specifications
European Union Law Consumer Protection Law Right of Withdrawal Exceptions to Consumer Rights Off Premises Contracts Goods Made to Consumer's Specifications

Case Brief

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Parties

Möbel Kraft GmbH Co. KG

Claimant

ML

Respondent

Procedural Posture

Preliminary Ruling (cjeu) / Reference From National Court (amtsgericht Potsdam, Germany)

Legal Issues

  1. 1 Whether Article 16(c) of Directive 2011/83/EU excludes the right of withdrawal for off-premises contracts for goods made to the consumer’s specifications, even if production has not begun

Ratio Decidendi

Article 16(c) of Directive 2011/83/EU must be interpreted as meaning that the exception to the right of withdrawal applies to off-premises contracts for goods made to the consumer’s specifications, irrespective of whether the trader has begun to produce those goods.

Court Disposition

Preliminary ruling issued: Article 16(c) of Directive 2011/83/EU excludes the right of withdrawal for off-premises contracts for goods made to the consumer’s specifications, regardless of production status.

Orders

  • Article 16(c) of Directive 2011/83/EU exception to right of withdrawal applies irrespective of whether production has begun.
  • Decision on costs is for the referring national court.