ECJ Reference for a preliminary ruling – Directive 97/7/EC – Consumer protection – Distance contracts – Consumer information – Information given or received – Durable medium – Meaning – Hyperlink on the website of the supplier – Right of withdrawal
‘a durable medium, within the meaning of Article 5(1) of Directive 97/7, must ensure that the consumer, in a similar way to paper form, is in possession of the information referred to in that provision to enable him to exercise his rights where necessary.
Where a medium allows the consumer to store the information which has been addressed to him personally, ensures that its content is not altered and that the information is accessible for an adequate period, and gives consumers the possibility to reproduce it unchanged, that medium must be regarded as ‘durable’ within the meaning of that provision.’
. . And: ‘a business practice consisting of making the information referred to in that provision accessible to the consumer only via a hyperlink on a website of the undertaking concerned does not meet the requirements of that provision, since that information is neither ‘given’ by that undertaking nor ‘received’ by the consumer, within the meaning of that provision, and a website such as that at issue in the main proceedings cannot be regarded as a ‘durable medium’ within the meaning of Article 5(1). ‘
K Lenaerts, P
[2012] EUECJ C-49/11, C-49/11, [2012] WLR(D) 195
Bailii, WLRD
Directive 97/7/EC
European
Citing:
Opinion – Content Services Ltd v Bundesarbeitskammer ECJ 6-Mar-2012
Content_serviceECJ0312
ECJ Opinion – Consumer protection – Distance contracts – Directive 97/7/EC – Article 5 – Information that the consumer must ‘receive’ in a ‘durable medium’ – Information available on a website which the consumer . .
Lists of cited by and citing cases may be incomplete.
Consumer
Leading Case
Updated: 09 November 2021; Ref: scu.515275