CELEX: 62019CA0529
Language: en
Date: 2020-10-21 00:00:00
Title: Case C-529/19: Judgment of the Court (Sixth Chamber) of 21 October 2020 (request for a preliminary ruling from the Amtsgericht Potsdam — Germany) — Möbel Kraft GmbH & Co. KG v ML (Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 16(c) — Right of withdrawal — Exceptions — Goods made to the consumer’s specifications or clearly personalised — Goods which the trader has begun to produce)

7.12.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 423/9
            
         
      Judgment of the Court (Sixth Chamber) of 21 October 2020 (request for a preliminary ruling from the Amtsgericht Potsdam — Germany) — Möbel Kraft GmbH & Co. KG v ML
      (Case C-529/19) (1)
      
      (Reference for a preliminary ruling - Consumer protection - Directive 2011/83/EU - Article 16(c) - Right of withdrawal - Exceptions - Goods made to the consumer’s specifications or clearly personalised - Goods which the trader has begun to produce)
      (2020/C 423/13)
      Language of the case: German
      
         Referring court
      
      Amtsgericht Potsdam
      
         Parties to the main proceedings
      
      
         Applicant: Möbel Kraft GmbH & Co. KG
      
         Defendant: ML
      
         Operative part of the judgment
      
      Article 16(c) 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 the exception to the right of withdrawal laid down in that provision may be relied on against a consumer who has concluded an off-premises contract for the sale of goods which are to be made to his or her specifications, irrespective of whether the trader has begun to produce those goods.
      
         (1)  OJ C 348, 14.11.2019.