Important decision
In its judgment C-564/24, the CJEU acknowledged that a trader can defend itself by claiming abuse of rights even if the consumer formally uses the extended withdrawal period for lack of information. This is particularly the case where the consumer withdraws only after the non-refundable performance has actually been provided and the circumstances suggest that he was only seeking an undue advantage at the expense of the trader.
At the same time, the CJEU confirmed that it is not decisive for the assessment of whether a contract is a distance contract that the consumer was assisted in the negotiation by a professional of his choice, such as an architect. Such assistance does not in itself exclude the consumer regime or the protection under Directive 2011/83/EU.
However, the key conclusion of the judgment is directed at the exercise of the right of withdrawal. If the consumer withdraws only at the end of the extended period, when the trader has already provided a performance that cannot be returned, the trader can defend himself by claiming that this was an abuse of the right. However, this is always a matter for the national court to decide in the light of all the circumstances of the particular case.
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