CELEX: 31985L0577
Language: en
Date: 1985-12-20 00:00:00
Title: Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises

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31985L0577

Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises  

Official Journal L 372 , 31/12/1985 P. 0031 - 0033 Finnish special edition: Chapter 15 Volume 7 P. 0083  Spanish special edition: Chapter 15 Volume 6 P. 0131  Swedish special edition: Chapter 15 Volume 7 P. 0083  Portuguese special edition Chapter 15 Volume 6 P. 0131 

COUNCIL DIRECTIVE of 20  December 1985 to protect the consumer in respect of contracts negotiated away from business  premises (85/577/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the  Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having  regard to the proposal from the Commission (1), Having regard to the opinion of the European  Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it  is a common form of commercial practice in the Member States for the conclusion of a contract or a  unilateral engagement between a trader and consumer to be made away from the business premises of  the trader, and whereas such contracts and engagements are the subject of legislation which differs  from one Member State to another; Whereas any disparity between such legislation may directly  affect the functioning of the common market; whereas it is therefore necessary to approximate laws  in this field; Whereas the preliminary programme of the European Economic Community for a consumer  protection and information policy (4) provides inter alia, under paragraphs 24 and 25, that  appropriate measures be taken to protect consumers against unfair commercial practices in respect  of doorstep selling; whereas the second programme of the European Economic Community for a consumer  protection and information policy (5) confirmed that the action and priorities defined in the  preliminary programme would be pursued; Whereas the special feature of contracts concluded away  from the business premises of the trader is that as a rule it is the trader who initiates the  contract negotiations, for which the consumer is unprepared or which he does not except; whereas  the consumer is often unable to compare the quality and price of the offer with other offers;  whereas this surprise element generally exists not only in contracts made at the doorstep but also  in other forms of contract concluded by the trader away from his business premises; Whereas the  consumer should be given a right of cancellation over a period of at least seven days in order to  enable him to assess the obligations arising under the contract; Whereas appropriate measures  should be taken to ensure that the consumer is informed in writing of this period for reflection;  Whereas the freedom of Member States to maintain or introduce a total or partial prohibition on the  conclusion of contracts away from business premises, inasmuch as they consider this to be in the  interest of consumers, must not be affected; HAS ADOPTED THIS DIRECTIVE:Article  11.    This Directive shall apply to contracts under which a trader supplies goods or services to  a consumer and which are concluded:-  during an excursion organized by the trader away from his  business premises, or-during a visit by a trader   (i)  to the consumer's home or to that of  another consumer; (ii)to the consumer's place of work; where the visit does not take place at the  express request of the consumer. 2.    This Directive shall also apply to contracts for the supply  of goods or services other than those concerning which the consumer requested the visit of the  trader, provided that when he requested the visit the consumer did not know, or could not  reasonably have known, that the supply of those other goods or services formed part of the trader's  commercial or professional activities. 3.    This Directive shall also apply to contracts in  respect of which an offer was made by the consumer      under conditions similar to those described  in paragraph 1 or paragraph 2 although the consumer was not bound by that offer before its  acceptance by the trader. 4.    This Directive shall also apply to offers made contractually by the  consumer under conditions similar to those described in paragraph 1 or paragraph 2 where the  consumer is bound by his offer. Article 2For the purposes of this Directive: 'consumer' means a  natural person who, in transactions covered by this Directive, is acting for purposes which can be  regarded as outside his trade or profession; 'trader' means a natural or legal person who, for the  transaction in question, acts in his commercial or professional capacity, and anyone acting in the  name or on behalf of a trader. Article 31.    The Member States may decide that this Directive  shall apply only to contracts for which the payment to be made by the consumer exceeds a specified  amount. This amount may not exceed 60 ECU.The Council, acting on a proposal from the Commission,  shall examine and, if necessary, revise this amount for the first time no later than four years  after notification of the Directive and thereafter every two years, taking into account economic  and monetary developments in the Community. 2.    This Directive shall not apply to:(a)  contracts  for the construction, sale and rental of immovable property or contracts concerning other rights  relating to immovable property.Contracts for the supply of goods and for their incorporation in  immovable property or contracts for repairing immovable property shall fall within the scope of  this Directive;b)contracts for the supply of foodstuffs or beverages or other goods intended for  current consumption in the household and supplied by regular roundsmen;(c)contracts for the supply  of goods or services, provided that all three of the following conditions are met:   (i)  the  contract is concluded on the basis of a trader's catalogue which the consumer has a proper  opportunity of reading in the absence of the trader's representative,   (ii)there is intended to be  continuity of contact between the trader's representative and the consumer in relation to that or  any subsequent transaction, (iii)both the catalogue and the contract clearly inform the consumer of  his right to return goods to the supplier within a period of not less than seven days of receipt or  otherwise to cancel the contract within that period without obligation of any kind other than to  take reasonable care of the goods;(d)insurance contracts;(e)contracts for securities. 3.    By way  of derogation from Article 1 (2), Member States may refrain from applying this Directive to  contracts for the supply of goods or services having a direct connection with the goods or services  concerning which the consumer requested the visit of the trader. Article 4In the case of  transactions within the scope of Article 1, traders shall be required to give consumers written  notice of their right of cancellation within the period laid down in Article 5, together with the  name and address of a person against whom that right may be exercised. Such notice shall be dated  and shall state particulars enabling the contract to be identified. It shall be given to the  consumer:(a)  in the case of Article 1 (1), at the time of conclusion of the contract;(b)in the  case of Article 1 (2), not later than the time of conclusion of the contract;(c)in the case of  Article 1 (3) and 1 (4), when the offer is made by the consumer. Member States shall ensure that  their national legislation lays down appropriate consumer protection measures in cases where the  information referred to in this Article is not supplied. Article 51.    The consumer shall have  the right to renounce the effects of his undertaking by sending notice within a period of not less  than seven days from receipt by the consumer of the notice referred to in Article 4, in accordance  with the procedure laid down by national law. It shall be sufficient if the notice is dispatched  before the end of such period.      2.    The giving of the notice shall have the effect of  releasing the consumer from any obligations under the cancelled contract. Article 6The consumer  may not waive the rights conferred on him by this Directive. Article 7If the consumer exercises  his right of renunciation, the legal effects of such renunciation shall be governed by national  laws, particularly regarding the reimbursement of payments for goods or services provided and the  return of goods received. Article 8This Directive shall not prevent Member States from adopting  or maintaining more favourable provisions to protect consumers in the field which it covers.  Article 91.    Member States shall take the measures necessary to comply with this Directive  within 24 months of its notification (1). They shall forthwith inform the Commission thereof. 2.     Member States shall ensure that the texts of the main provisions of national law which they adopt  in the field covered by this Directive are communicated to the Commission. Article 10This  Directive is addressed to the Member States. Done at Brussels, 20 December 1985.  For the Council The President R. KRIEPS   (1)  OJ No C 22, 29. 1. 1977, p. 6;  OJ No C 127, 1. 6. 1978, p. 6. (2)  OJ No C 241, 10. 10. 1977, p. 26. (3)  OJ No C 180, 18. 7. 1977, p. 39. (4)  OJ No C 92, 25. 4. 1975, p. 2. (5)  OJ No C 133, 3. 6. 1981, p. 1. (1)  This Directive was notified to the Member States on 23 December 1985.