The right of withdrawal under the Consumer Rights Directive as a tool to protect consumers concluding a distance contract |
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| Authors: | Reinhard Steennot |
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| Affiliation: | 1. Enteric Neuromuscular Disorders and Visceral Pain Center, Division of Gastroenterology, Department of Internal Medicine, The University of Texas Medical Branch at Galveston, Galveston, TX 77555-1083, United States;2. Enteric Neuromuscular Disorders and Visceral Pain Center, Division of Gastroenterology, Department of Neuroscience, and Cell Biology, The University of Texas Medical Branch at Galveston, Galveston, TX 77555-1083, United States;1. ATR Neural Information Analysis Laboratories, 2-2-2 Hikaridai, Seika-cho, Soraku-gun, Kyoto 619-0288, Japan;2. Department of Epilepsy, Movement Disorders and Physiology, Kyoto University Graduate School of Medicine, 54 Shogoin-kawaharacho, Sakyo-ku, Kyoto 606-8507, Japan;3. Department of Neurology, Kyoto University Graduate School of Medicine, 54 Shogoin-kawaharacho, Sakyo-ku, Kyoto, 606-8507;4. Department of Neurosurgery, Kyoto University Graduate School of Medicine, 54 Shogoin-kawaharacho, Sakyo-ku, Kyoto 606-8507, Japan;5. Human Brain Research Center, Kyoto University Graduate School of Medicine, 54 Shogoin-kawaharacho, Sakyo-ku, Kyoto 606-8507, Japan;6. Department of Neurosurgery, Ehime University Graduate School of Medicine, Shitsukawa, Toon City 791-0295, Ehime, Japan;7. Graduate School of Core Ethics and Frontier Sciences. Ritsumeikan University, 56-1 Toji-in Kitamachi, Kita-ku, Kyoto 603-8577, Japan;8. ATR Computational Neuroscience Laboratories, 2-2-2 Hikaridai, Seika-cho, Soraku-gun, Kyoto 619-0288, Japan;1. Faculty of Technology, Economy and Management, Gjøvik University College, N-2802 Gjøvik, Norway;2. Department of Ecology and Natural Resource Management, Norwegian University of Life Sciences, Ås, Norway;1. Fraunhofer Institute for Systems and Innovation Research ISI, Breslauer Str. 48, 76139 Karlsruhe, Germany;2. Berlin University of Technology, Chair of Innovation Economics, VWS 2, Müller-Breslau-Straße, 10623 Berlin, Germany |
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| Abstract: | Since 1997, the European legislator has aimed to protect consumers concluding a distance contract amongst others by entitling them to withdraw from the contract. First, this paper analyses the right of withdrawal as it is incorporated in the 2011 Consumer Rights Directive (CRD). This paper illustrates that, compared to the 1997 Distance Selling Directive, the CRD, contains more detailed rules, offering some useful clarifications. Further, this paper shows that the CRD slightly increases consumer protection, for example by determining that the mere beginning of performance under a services contract does not lead to the loss of the right to withdraw from the contract. However, consumers are also at risk where, without any explicit warning, they are held liable for the diminished value of the goods used during the withdrawal period. In a second part of the article, it is argued that the full harmonization approach should have been limited to the technical aspects of the withdrawal right, in order to avoid a reduction of consumer protection in some Member States. Finally, this paper shows that the CRD not always sufficiently takes into account the objectives pursued with the right of withdrawal as a tool to protect consumers concluding a distance contract. |
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