ABSTRACT
In May 2023, the Court of Justice of the European Union (CJEU) handed down an important decision Case C-97/22 DC v HJ, regarding the right of withdrawal after the service was completed and the principle of unjust enrichment. The landmark ruling focused on the intersection of withdrawal rights and unjust enrichment, particularly in scenarios where a consumer exercises their right to withdraw after service completion due to the trader’s failure to provide adequate information. This ruling might significantly impact the future development of the right of withdrawal in service contracts.
The importance lies in the interpretation of Article 14(5) of Directive 2011/83, which addresses the obligations of the consumer in the event of withdrawal after the performance of the contract. The legal question involves whether a consumer should be exempted from any obligation to pay for services provided under an off-premises contract if the trader failed to provide information about the right of withdrawal and the consumer exercised this right after the service was performed. The present article aims to analyse whether the consumer should be relieved of any obligation to pay for the services received after withdrawing and tries to see the balance between consumer protection and the potential enrichment of the consumer due to the service provided.
Sturua, Nata, Consumer Empowerment: Analyzing ECJ’s Interpretation of Withdrawal Rights and Unjust Enrichment in Service Contracts (December 19, 2023).
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