Amazon EU offers various goods for purchase exclusively online. In Germany, this is done via the website www.amazon.de. The Federation of German Consumer Organisations, Verbraucherzentrale Bundesverband e.V. (hereinafter: Bundesverband), sued Amazon before the German courts with the aim of establishing that the company was violating its legal obligation to provide consumers with efficient means of contact, because it was not informing consumers clearly and comprehensibly about its telephone number and fax number. Amazon's callback service did not fulfill the information requirements, as it required consumers to take numerous steps to contact a company representative. Under German law, the entrepreneur is obliged to always provide their telephone number before concluding a distance or off-premises contract with a consumer.
Against this background, the German Federal Court of Justice (Bundesgerichtshof), which is seized of the dispute at last instance, wishes to know from the Court of Justice whether the Consumer Rights Directive precludes such a national provision and whether the trader is obliged to set up a new telephone or fax line or an email account so that consumers can contact them. The Federal Court of Justice also wishes to know whether a trader like Amazon can resort to other means of communication, such as an internet chat or a callback system.
In its judgment today, the Court of Justice states that the Directive precludes such a national provision and finds that, under the Directive, the trader is not obliged to set up a new telephone or fax line or an email account so that consumers can always contact them, and that the Directive only requires the transmission of the telephone or fax number or email address if the trader already possesses these means of communication with consumers. At the same time, the Court of Justice finds that the Directive obliges the trader to provide the consumer with a means of communication that ensures direct and efficient communication, whereby the trader may resort to means of communication other than those mentioned in the Directive to fulfill these obligations. The Court of Justice notes that the Directive aims to ensure a high level of consumer protection by guaranteeing consumer information and safety in transactions with traders. To this end, the ability for consumers to quickly contact and efficiently communicate with the trader is of fundamental importance for the preservation and effective enforcement of consumer rights, particularly the right of withdrawal. Nevertheless, a fair balance must be ensured between a high level of consumer protection and the competitiveness of businesses, as is evident from the same Directive, while respecting the entrepreneurial freedom of the trader, as guaranteed by the Charter of Fundamental Rights of the European Union.
In the Court's view, an unconditional obligation for the trader to always provide consumers with a telephone number, or even to set up a new telephone line, fax line, or email account so that consumers can contact them, appears disproportionate. Regarding the meaning of the phrase 'where applicable' in the Directive concerning the three common means of communication between consumers and traders (telephone, fax, email), the Court is of the opinion, despite the differences between the language versions, that this phrase covers cases where the trader possesses such a means of communication and makes it available to consumers.
Furthermore, the Directive does not preclude the trader from providing other means of communication (such as an electronic contact form, an internet chat, or a callback system), provided that this enables direct and efficient communication between the consumer and the trader. This requires that information regarding these means of communication is made accessible to the consumer in a clear and comprehensible manner.
The Court of Justice points out that it is for the national courts to assess whether the means of communication provided by the trader to the consumer enable the consumer to quickly contact and efficiently communicate with the trader, and whether the information about these means of communication is accessible in a clear and comprehensible manner. Regarding this last point, the Court of Justice notes that the mere fact that a telephone number is only available after a series of clicks on the website does not, as such, imply that the manner used to transmit the information to the consumer is not clear and comprehensible.
Source: Press release of the Court of Justice of the European Union No. 89/19 of 10.07.2019
