• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
ITMediaLaw - Rechtsanwalt Marian Härtel
Warenkorb
Plugin Install : Cart Icon need WooCommerce plugin to be installed.
  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel
Home Other

Attention craftsmen and service providers: Unresolved consumer revocation – a long-term consequence without value replacement!

25. May 2023
in Other
Reading Time: 3 mins read
0 0
A A
0
important g291cf6c97 1280
Key Facts
  • The withdrawal period can be up to 1 year and 14 days if consumers are not properly informed.
  • The European Court of Justice ruling of May 17, 2023 emphasizes the importance of withdrawal instructions.
  • Many service providers are not aware of the risks of this issue, which can lead to improper contracts.
  • No compensation is due if consumers withdraw from a contract, even after the work has been completed.
  • Companies risk considerable financial losses if they do not adapt their contracts.
  • Urgent review of contracts and adjustment of business practices are required to minimize risks.
  • There is a need to respond proactively to new legal requirements and develop protection strategies.

Note on the long withdrawal period: In the absence of information, it can be up to 1 year and 14 days!

Content Hide
1. Note on the long withdrawal period: In the absence of information, it can be up to 1 year and 14 days!
2. The “old” but important aspect: The withdrawal period of 1 year and 14 days.
3. The revolutionary novelty: No value replacement in case of revocation
4. Risk prevention and strategy adaptation: the urgent need to adapt your contracts

Continued education and understanding of consumer protection is essential. In particular, the ruling of the European Court of Justice (ECJ) of May 17, 2023, has highlighted the explosive nature of the correct information on the right of withdrawal in contracts (Ref.: C-97/22).

In my two previous blogposts here and here, I reported in detail about this ruling and explained the basic aspects.

The “old” but important aspect: The withdrawal period of 1 year and 14 days.

Since the publication of my previous articles on this topic, I have received numerous queries and have had discussions with various peers. One thing has become clear to me: Many service providers and craftsmen are not aware of the implications of this issue. A significant number of you do not have proper contract texts and thus do not correctly revoke consumers’ right of withdrawal.

The long withdrawal period of 1 year and 14 days, which comes into effect if the consumer has not been correctly informed of his right of withdrawal, poses a massive risk. This deadline is not new in German law and has always existed. However, the recent ECJ ruling has brought the explosive nature of this deadline to the fore and its application suddenly has far-reaching consequences.

In fact, many of you may already be in the danger zone, as contracts dating back about a year could potentially be affected by this ruling. If the consumer was not properly informed of his right of withdrawal at the time, he can theoretically still withdraw from the contract today. The financial impact could be significant, as according to the ECJ ruling, no value replacement is owed, even if the work has already been fully performed and significant material costs have been incurred.

I am aware that various legal colleagues are already preparing a large number of proceedings based on this judgment. The wave of litigation may be upon us. This underscores the urgency and need to review and adjust your contracts. Don’t let this situation catch you off guard.

The revolutionary novelty: No value replacement in case of revocation

What is extraordinary about this ECJ ruling, and what makes it so significant, is the decision that no value replacement is owed by the consumer, even if the withdrawal occurs after the work has been completed and after significant material costs have been incurred by the service provider.

This finding has the potential to fundamentally change the rules of the game. In the past, service providers and craftsmen could at least hope to be reimbursed for the cost of materials if a customer canceled his contract. Now this ruling makes it clear: even this hope is no longer justified. And this applies regardless of how extensive the work was or how high the material costs turned out to be.

The consequence? Companies could be stuck with the entire cost, even after they have fully performed their services. This is a serious change in consumer law that poses significant financial risks for service providers, craftsmen and freelancers.

This decision should set alarm bells ringing for anyone offering their services to consumers. It is an urgent reminder to scrutinize and adjust your own contracts and business practices. In light of this new legal situation, it is of utmost importance that anyone offering their services to consumers is fully aware of their rights and obligations.

Risk prevention and strategy adaptation: the urgent need to adapt your contracts

In view of these profound effects and the possible massive financial consequences, I urgently appeal to you: check your contracts for correct revocation instructions. This may be a challenging task, but the lack of such instruction can result in serious and avoidable financial consequences.

It is not only important, but urgent that you act now. Not only do your existing contracts need to be adjusted, but your business practices could use an overhaul as well. One strategy, for example, could be to no longer sign contracts with end users directly at the customer’s home, but to invite them to your office or facility for a signing. This would mean that the right of withdrawal would not come into effect and the risks resulting from the ECJ ruling could be avoided.

At the same time, I recommend you think about other strategies to protect your business. The legal landscape has changed, and it’s important that you adapt and be prepared.

Stay tuned for more articles and resources in the coming days and weeks that will help you meet these legal requirements and protect your business. It is critical that you and your company are armed against potential legal risks. As always, I am available to answer your questions and guide you in this complex area.

Tags: ConsumerConsumer protectionCustomizationFreelancerserviceVerträge

Weitere spannende Blogposts

Consumer’s right of withdrawal for teak trees in Costa Rica with a Swiss company

BGH considers Uber Black to be anti-competitive
17. May 2024

On the right of withdrawal of a consumer residing in Germany when concluding "purchase and service contracts" for teak trees...

Read moreDetails

Artificial Intelligence in Software and Game Development: Opportunities, Risks and Legal Challenges

Artificial Intelligence in Software and Game Development: Opportunities, Risks and Legal Challenges
12. May 2023

AI in software and game development: potential and pitfalls The use of artificial intelligence (AI) in software and game development...

Read moreDetails

Designing your SaaS solution in compliance with data protection regulations as a US company!

Designing your SaaS solution in compliance with data protection regulations as a US company!
5. January 2021

In its judgment of July 16, 2020 (Case C311/18), the European Court of Justice declared the European Commission's Decision 2016/1250...

Read moreDetails

Hagen Regional Court on Instagram and influencers

Legal form as an influencer? A few hints!
7. November 2022

So slowly, the issue of influencers and surreptitious advertising is accumulating a considerable amount of court decisions. An overview of...

Read moreDetails

Match Fixing in Esport: Legal Consequences?

Match Fixing in Esport: Legal Consequences?
12. September 2019

Time and again in esport, accusations arise in individual teams about match fixing, i.e. the deliberate loss of games in...

Read moreDetails

EUGH: An effective notice of withdrawal needs a telephone number?

Online shops: Attention to advertising with EIA
7. November 2022

The ECJ has ruled that in a withdrawal notice, the telephone number of the provider must be present. In doing...

Read moreDetails

Termination Assistants and Consumer Protection: Compliance with Section 312k of the German Civil Code (BGB)

Termination Assistants and Consumer Protection: Compliance with Section 312k of the German Civil Code (BGB)
2. June 2023

Cancel button Pursuant to Section 312k of the German Civil Code (BGB), it is a legal requirement for companies offering...

Read moreDetails

Warning adé? The changes in the UWG

Online retailer: Notice of warranty of defects
7. November 2022

Today, the new "Law on Strengthening Fair Competition" came into force, but in the opinion of many colleagues, it does...

Read moreDetails

Red, Red, Red blooms only the savings bank…

23. February 2023

After almost six years of litigation, the savings banks have prevailed against the Santander banking group at the Federal Court...

Read moreDetails
f657d6ac02697870998c3da264f7f23e

Inheritance Tax and Gift Tax Act (ErbStG)

9. November 2024

Basics and importance The Inheritance Tax and Gift Tax Act regulates the taxation of gratuitous transfers of assets both upon...

Read moreDetails
5707e639baf6168c197f5c583024f99e

Balance sheet

10. November 2024
Association (e.V.)

Association (e.V.)

25. June 2023
Alternative dispute resolution

Alternative dispute resolution

16. October 2024
Ltd. (Limited) in Germany and #Brexit? Act now!

Board of Directors

26. June 2023

Podcast Folgen

Rechtliche Risiken bei langen Entwicklungszeiten und der Stornierung von Crowdfundingspielen

Rechtliche Risiken bei langen Entwicklungszeiten und der Stornierung von Crowdfundingspielen

20. April 2025

In dieser Episode erörtern wir die rechtlichen Herausforderungen, denen Spieleentwickler bei der Finanzierung durch Crowdfunding gegenüberstehen. Wir beleuchten die Verpflichtungen...

Rechtliche Grundlagen und Praxis von Open Source in der Softwareentwicklung

Rechtliche Grundlagen und Praxis von Open Source in der Softwareentwicklung

19. April 2025

In dieser Episode werfen Anna und Max einen Blick auf die rechtlichen Grundlagen rund um den Einsatz von Open-Source-Software in...

8315f1ef298eb54dfeed2f5e55c8b9da 1

Erste Testfolge des ITMediaLaw Podcast

26. August 2024

Erste TestfolgeLiebe Leserinnen und Leser,ich freue mich, heute den ersten Testlauf unseres brandneuen IT Media Law Podcasts zu präsentieren! In diesem Podcast...

Das Metaverse – Rechtliche Herausforderungen in virtuellen Welten

Das Metaverse – Rechtliche Herausforderungen in virtuellen Welten

25. September 2024

In dieser faszinierenden Episode tauchen wir tief in die rechtlichen Aspekte des Metaverse ein. Als Rechtsanwalt und Technik-Enthusiast beleuchte ich...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung