Sale of goods made to the consumer’s specifications at a trade fair: ab initio no right of withdrawal: Case C-529/19 Möbel Kraft, EU:C:2020:846
| Author | Reinhard Steennot |
| Published date | 01 June 2021 |
| Date | 01 June 2021 |
| DOI | http://doi.org/10.1177/1023263X21996014 |
| Subject Matter | Case Notes |
Case Note
Sale of goods made to the
consumer’s specifications at
a trade fair: ab initio no right
of withdrawal
¨bel Kraft,
EU:C:2020:846
Reinhard Steennot*
Abstract
Within the European Union, consumers concluding contracts with traders either at a
distance or outside the traders’ premises are generally entitled to withdraw from the
contract. However, in certain cases, enumerated in article 16 of the Consumer Rights
Directive, the right of withdrawal does not apply. One of the exceptions to the right of
withdrawal concerns contracts relating to the supply of goods that are made to the con-
sumer’s specifications or that are clearly personalized. In Mo
¨bel Kraft, the ECJ decided that a
trader may rely on this exception from the outset and not only after he has begun to
produce the goods.
Keywords
consumer protection, off-premises contracts, right of withdrawal, exceptions, goods made to the
consumer’s specifications
Introduction
For distance contracts and off-premises contracts concluded with a trader, consumers are normally
entitled to withdraw from the contract within a 14 calendar day period, starting either the day after
the delivery (goods), or the day after the conclusion of the contract (service agreements, agree-
ments for the supply of digital content not provided on a tangible medium, agreements relating to
* Full professor, Financial Law Institute and Consumer Law Institute, Faculty of Law, Ghent University, Ghent, Belgium
Corresponding author:
Reinhard Steennot, Financial Law Institute and Consumer Law Institute, Faculty of Law, Ghent University, Gent, 9000,
Belgium.
E-mail: Reinhard.Steennot@UGent.be
Maastricht Journal of European and
Comparative Law
2021, Vol. 28(3) 406–418
ªThe Author(s) 2021
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DOI: 10.1177/1023263X21996014
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