EUROPEAN PRIVATE LAW AND EVOLUTION OF THE CONSEQUENCES OF NON-PERFORMANCE OF THE DUTY TO INFORM ABOUT THE RIGHT OF WITHDRAWAL: OFF-PREMISES CONTRACTS

The article addresses the failure to provide information on the right of withdrawal from off-premises contracts along with the avoidance of the contract, which is a possible consequence in some European countries like Spain, and is a measure backed by the Court of Justice of the European Union. Until now, the European legal framework has allowed Member States to lay down appropriate consumer protection measures in cases where the information is not supplied by the trader. However, the recently published Directive on consumer rights, of maximum harmonisation, establishes as the only possible measure that the withdrawal period shall expire twelve months from the end of the initial withdrawal period. There is no option to avoid the contract. The origin of this measure is in the Acquis Principles, being followed on this point by the DCFR. This may be also found in the Proposal for a regulation on a Common European Sales Law which aims to enhance the cross-border transactions and the economic integration by getting rid of legal barriers.