Orsingher Ortu – Avvocati Associati
Most Read: Contributor Italy, November 2023
European Union:
The ECJ On Consumers' Right Of Withdrawal From Automatically Extended Subscriptions
14 November 2023
Orsingher Ortu – Avvocati Associati
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On 5 October 2023, the European Court of Justice (ECJ) issued
its judgment in case C-565/22 (Verein für
Konsumenteninformation v. Sofatutor GmbH) concerning the
consumer's right to withdraw from an initially free and
automatically extended subscription made via distance contract, in
accordance with Directive (EU) No 2011/83 on consumer rights.
The ECJ held that, when taking out a subscription that features an
initial free period which is automatically extended unless
terminated, the consumer's right to withdraw from a distance
contract is, in principle, guaranteed only once. Nevertheless, if
the consumer has not been informed in a clear, comprehensible and
explicit manner that the subscription will become chargeable after
an initial free period (and/or on the total price of the
subscription), the consumer must be granted a new right of
withdrawal.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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