Opinion of the Advocate General — ECLI:EU:C:2007:695
Date: 2007-11-21
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Approximation of laws – Protection of consumers in respect of contracts negotiated away from business premises – Directive 85/577 (Council Directive 85/577, Arts 4 and 5(1)) Directive 85/577 to protect the consumer in respect of contracts negotiated away from business premises must be interpreted as meaning that the national legislature is entitled to provide that the right of cancellation laid down in Article 5(1) of the directive may be exercised no later than one month from the time at which the contracting parties have performed in full their obligations under a contract for long-term credit, where the consumer has been given defective notice concerning the exercise of that right. (see para. 49, operative part)