• Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
ITMediaLaw - Rechtsanwalt Marian Härtel
  • en English
  • de Deutsch
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel/News
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
Kurzberatung
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel/News
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel
Home Other

Attention: Every craftsman/service provider should know this ECJ ruling!

22. May 2023
in Other
Reading Time: 3 mins read
0 0
A A
0
20200427 Eugh Diskr o Person
Key Facts
  • ECJ ruling concerns the right of withdrawal and the design of withdrawal instructions in contracts.
  • No obligation to compensate service providers for lost value if consumers withdraw from a contract.
  • Inadequate revocation instructions can lead to considerable costs for providers.
  • Check your contracts to rule out legal risks.
  • Professional advice can help to draw up correct contracts.
  • Risk management protects against potential financial losses.
  • Proactive measures are crucial for protecting your company.

Important changes in consumer law: ECJ ruling on the right of withdrawal

Content Hide
1. Important changes in consumer law: ECJ ruling on the right of withdrawal
2. Costly consequences: Without correct revocation instructions, you are stuck with the costs
3. Risk management for craftsmen and service providers: Check your contracts

Reminder to all: last Saturday I published a significant article (link: here) that aroused the interest of many and generated numerous queries. The topic has sparked plenty of discussion even among peers. The key issue is a recent ruling by the European Court of Justice (ECJ) regarding consumer revocation and the correct design of revocation instructions in contracts.

The basic legal question about the right of withdrawal is anything but new; it is a constant companion in the legal discussion surrounding consumer law. However, the fact that makes the ECJ’s ruling so special, and which has surprised many, is the decision that even after completion of the full work, even if significant material costs have been incurred by the service provider, no value replacement is owed in the event of withdrawal by the consumer.

I would like to expressly emphasize and re-emphasize this issue because I am firmly convinced that only a minority of service providers, craftsmen, but also freelancers who offer their services to consumers via the Internet have contracts that meet the requirements of this ruling. This mismatch exists despite the significant legal and financial risks arising from this situation. It is of the utmost urgency that we all become aware of this issue and take the necessary steps to comply with the legal requirements.

 

Costly consequences: Without correct revocation instructions, you are stuck with the costs

This ruling is particularly relevant for craftsmen, service providers and other suppliers who provide services or craft activities to consumers. In this landmark ruling, the ECJ made it clear that suppliers who do not include proper cancellation instructions in their contracts must pay for all costs, including materials used, if the consumer cancels the contract after the work has been completed.

In practice, this means that you, as the provider, could be completely stuck with the cost of installing a kitchen, electrical system, wallpapering, gardening and everything else. This goes far beyond just labor costs and includes the cost of materials that are already used and potentially not reusable. The implications of this ruling are profound and change the way we need to think about treaties and the obligations they imply. The potential financial damage here can be enormous and should not be underestimated. Therefore, it is essential to understand and respond appropriately to this judgment and its implications. It is now time to take the necessary steps to adapt the contracts to these new conditions and thus avoid serious financial consequences.

 

Risk management for craftsmen and service providers: Check your contracts

Therefore, my urgent appeal to you is to check your contracts and make sure that proper revocation instructions are in place. This step is not only recommended, but essential in view of the possible consequences. It’s not just about legal compliance, but more importantly, protecting your business from potentially devastating financial burdens.

If you are unsure, have samples prepared or consult legal counsel. Drafting correct and legally compliant contracts can be complex, and professional advice can be invaluable. A knowledgeable advisor can guide you through the process and help you draft your contracts to meet legal requirements and best protect your interests.

It is better to be cautious and manage the risk now than to face significant costs later. The time and resources you invest now in reviewing and adjusting your contracts are time well spent, considering the possible alternatives. This decision can make the difference between your company or your craft business coming out of this legal situation unscathed or suffering serious financial losses.

Remember, prevention is better than cure. Act proactively to protect your business. You now have the information and the opportunity to use this situation to your advantage. Use them wisely.

Tags: BeratungCancellation policyConsumerCustomizationFreelancerLegal questionManagementRisk ManagementserviceVerträge

Beliebte Beträge

The legal protection of a business plan

5b698c02ae6e02ed43d05d01c467b658
24. September 2024

A business plan is an indispensable strategic document for start-ups and company founders. It serves as a roadmap for business...

Read moreDetails

As a teenager, make e-sports men/streamers self-employed?

As a teenager, make e-sports men/streamers self-employed?
2. January 2020

The industry of streamers and e-sports enthusiasts is very young compared to other industries and therefore also for lawyers and...

Read moreDetails

Liability of influencers and agencies for advertised products – legal risks and current developments

Liability of influencers and agencies for advertised products – legal risks and current developments
10. May 2025

Influencer marketing has become an integral part of modern advertising. Influencers recommend products and services of all kinds on social...

Read moreDetails

Confidentiality strategy for startups: NDAs, trade secret law and practical measures

Confidentiality strategy for startups: NDAs, trade secret law and practical measures
28. April 2025

Start-ups thrive on innovative ideas, creative concepts and unique technologies. Whether it's a novel algorithm, a special business idea, a...

Read moreDetails

Setting up a business abroad for OnlyFans-Business: opportunities & risks

Setting up a business abroad for OnlyFans-Business: opportunities & risks
11. May 2025

Running your own OnlyFans business often raises the question for creators and agencies based in Germany: Is it worth setting...

Read moreDetails

Right of withdrawal for tradesman services: massive legal uncertainty to continue in 2025

Right of withdrawal for tradesman services: massive legal uncertainty to continue in 2025
8. May 2025

In 2025, many tradespeople and service providers still face an often underestimated problem: contracts concluded with consumers outside of business...

Read moreDetails

NIS2 compliance 2025: relevance for SaaS and media start-ups

Risks when using and offering no-code platforms as SaaS
2. May 2025

Why another contribution to the NIS2 Directive? Do we really need a separate blog post on the NIS2 Directive in...

Read moreDetails

Software development: The new concept of defects according to §§ 327 ff. BGB

Software development: The new concept of defects according to §§ 327 ff. BGB
7. May 2025

On January 1, 2022, the German legislator fundamentally reformed the regulations for consumer contracts for digital products. For software developers...

Read moreDetails

Regulation (EU) 2024/1083 – The European Media Freedom Act (EMFA) at a glance

Regulation (EU) 2024/1083 – The European Media Freedom Act (EMFA) at a glance
6. May 2025

In May 2024, the European Media Freedom Act (EMFA) was published in the Official Journal of the EU with Regulation...

Read moreDetails
  • Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
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? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

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

Log In
  • Contact
  • Leistungen
    • Support with the foundation
    • Focus areas of attorney Marian Härtel
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Games law consulting
    • Support and advice of agencies
    • Legal advice in corporate law: from incorporation to structuring
    • Cryptocurrencies, Blockchain and Games
    • Investment advice
    • Booking as speaker
    • Legal compliance and expert opinions
    • Legal advice in corporate law: from incorporation to structuring
    • Contract review and preparation
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
    • Agile and lean law firm
    • Focus on start-ups
    • Principles as a lawyer
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Why a lawyer and business consultant?
    • Focus on start-ups
    • How can I help clients?
    • Team: Saskia Härtel – WHO AM I?
    • Testimonials
    • Imprint
  • Videos
    • Video series – about me
    • Information videos – about Marian Härtel
    • Videos on services
    • Blogpost – individual videos
    • Shorts
    • Third-party videos
    • Podcast format
    • Other videos
  • Knowledge base
  • Podcast
  • Blogposts
    • Lange Artikel / Ausführungen
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Labour law
    • EU law
    • Corporate
    • Competition law
    • Copyright
    • Tax
    • Internally
    • Other
  • en English
  • de Deutsch
Kostenlose Kurzberatung