EN
3.7.2023
Official Journal of the European Union
C 235/3
2.
Articles 20 and 22 of Regulation No 765/2008, Article 12 of and Annex II to Directive 2001/95, as amended by Regulation No 765/2008, and the annex to Implementing Decision 2019/417, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that an economic operator, such as an importer of products that are the subject of a notification under Article 22 of Regulation No 765/2008, who is not the addressee of the measure that gave rise to that notification and whose interests may be adversely affected because of the incomplete nature of that notification, must have a legal remedy open to it in the notifying Member State so that it can ensure that the obligations incumbent in that regard on that Member State are fulfilled.
(1)
OJ C 37, 24.1.2022.
Judgment of the Court (Eighth Chamber) of 17 May 2023 (request for a preliminary ruling from the Landgericht Essen — Germany) — DC v HJ (Case C-97/22, (1) DC (Withdrawal after performance of the contract)) (Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 14(4)(a) (i) and (5) — Right of withdrawal for off-premises contracts — Information requirements for the trader concerned — Failure of that trader to inform the consumer — Obligations of the consumer in the event of withdrawal — Withdrawal after the performance of the contract — Consequences) (2023/C 235/03) Language of the case: German Referring court Landgericht Essen
Parties to the main proceedings Applicant: DC Defendant: HJ
Operative part of the judgment Article 14(4)(a)(i) and (5) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, must be interpreted as meaning that it exempts a consumer from any obligation to pay for performance provided pursuant to an off-premises contract, where the trader concerned did not provide him or her with the information referred to in Article 14(4)(a)(i) of that directive and that consumer exercised his or her right of withdrawal after the performance of that contract.
(1)
OJ C 165, 19.4.2022.