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EU law weekly: CJEU rulings; competition/state aid; data protection; retail investment, MiCAR; environment; life sciences; DSA/AI Act; trade defence; international trade; trackers and practice notes—13 June 2024

Published on: 13 June 2024

Published by a LexisNexis EU Law expert
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  • Financial services
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Commercial Distance contract information obligations in case of conditional payments (VT, UR v Conny GmbH)

Article 8(2) of Directive 2011/83/EU, the EU Consumer Rights Directive (EU CRD) setting out formalities for distance contracts, requires a trader to ensure that, when placing an order, the consumer expressly recognises that doing so entails an obligation to pay. Where ordering involves pressing a button or a comparable feature, that control must be labelled, in a clearly legible way, only with the words ‘order with obligation to pay’ or an equally clear and unambiguous wording indicating that submitting the order carries a payment obligation to the trader. If the trader fails to comply with this rule, the consumer is not bound by the contract or the order. The Court of Justice confirms that this duty equally applies where the consumer must provide the pecuniary consideration to that trader only once a later condition has been met...

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