European Court of Justice (ECJ) judgement on Distance Selling Directive

Monday, 8 October, 2012

On the 5 July 2012, in case of Content Services Ltd vs. Bundesarbeitskammer (Case C-49/11), the ECJ ruled that information given to a consumer on the website or via hyperlink after an online transaction is not a suitable way to inform consumers. According to Article 5 (1) of Directive 97/7/EC on the protection of consumers in respect of distance selling contract, the consumer must receive all necessary information prior to and/or at the time of transaction and this information should be communicated in a “durable medium”. It was found that Content Services Ltd had only provided the information via a hyperlink which was not a “durable medium”.

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