Whoever orders a kitchen cannot return - ECJ on the right of withdrawal

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The ECJ ruling is about a custom-made kitchen

Photo: HighwayStarz / imago images / ingimage

Anyone who buys goods on the Internet, on the phone or at the front door or concludes contracts there can usually reverse this.

The so-called revocation makes it possible: Consumers usually have 14 days to do this.

But what is the situation like when a company manufactures goods specially tailored to the customer?

This case has now been decided before the European Court of Justice (ECJ).

The result: In such cases, the right of withdrawal does not apply within 14 days - even if the company has not yet started production.

The kitchen company hadn't started work yet

Specifically, it was about a fitted kitchen that a customer had bought at a trade fair.

Some parts of the kitchen should be specially customized.

The furniture company planned to hire another company to manufacture these parts and then install them themselves for the customer.

The service provider had not yet started when the buyer revoked the contract.

He refused to take down the kitchen and the furniture company took it to court.

The Potsdam District Court asked the ECJ whether this exception to the right of withdrawal also existed if the company had not yet built the parts.

The Tribunal has now affirmed this.

If goods or contracts are sold in a shop, the statutory right of withdrawal does not apply anyway.

It is still unclear whether the contract for the fitted kitchen was even signed outside of business premises.

According to the ECJ, a trade fair stand could definitely be viewed as business space - if the contract was not concluded directly at the stand, however, it would not be business space.

The Potsdam court must now clarify what applies in the specific case.

Ref. C-529/19

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caw / hej / dpa / AFP