|
7.12.2020 |
EN |
Official Journal of the European Union |
C 423/9 |
Judgment of the Court (Sixth Chamber) of 21 October 2020 (request for a preliminary ruling from the Amtsgericht Potsdam — Germany) — Möbel Kraft GmbH & Co. KG v ML
(Case C-529/19) (1)
(Reference for a preliminary ruling - Consumer protection - Directive 2011/83/EU - Article 16(c) - Right of withdrawal - Exceptions - Goods made to the consumer’s specifications or clearly personalised - Goods which the trader has begun to produce)
(2020/C 423/13)
Language of the case: German
Referring court
Amtsgericht Potsdam
Parties to the main proceedings
Applicant: Möbel Kraft GmbH & Co. KG
Defendant: ML
Operative part of the judgment
Article 16(c) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council must be interpreted as meaning that the exception to the right of withdrawal laid down in that provision may be relied on against a consumer who has concluded an off-premises contract for the sale of goods which are to be made to his or her specifications, irrespective of whether the trader has begun to produce those goods.