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Cancellation of distance contracts—calculation of amount payable by the consumer (EU v PE Digital GmbH)

Cancellation of distance contracts—calculation of amount payable by the consumer (EU v PE Digital GmbH)
Published on: 14 October 2020
Published by: LexisPSL
  • Cancellation of distance contracts—calculation of amount payable by the consumer (EU v PE Digital GmbH)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Calculation of amount payable
  • Excessive price
  • Digital content
  • Case details

Article summary

Commercial analysis: The Court of Justice has ruled that when calculating the proportionate amount payable by the consumer on cancellation of a distance contract, for services performed during the cancellation period at the request of the consumer, account should be taken of the full price agreed in the contract and the amount should be calculated on a pro rata temporis basis. The value of any one specific service provided before the consumer cancelled the contract is only relevant if the contract expressly provides that such a service will be provided separately from the other services, for a price which must be paid separately. or take a trial to read the full analysis.

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