Amazon EU offers various goods for sale exclusively online. In Germany, this is done via the website www.amazon.de. The Federal Association of Consumer Centres and Consumer Associations, Verbraucherzentrale Bundesverband e.V. ("Bundesverband") sued Amazon before the German courts seeking a declaration that the company was in breach of its statutory obligation to provide consumers with efficient means of contacting it because it did not inform consumers of its telephone number and fax number in a clear and comprehensible manner. Amazon's call-back service did not comply with the information requirements because a large number of steps were required for the consumer to get in touch with a contact person of the company. Indeed, under German law, the trader is obliged to always provide his telephone number before concluding a contract with a consumer at a distance or off-premises.
Against this background, the Federal Court of Justice (Germany), which was Court (Germany), which is hearing the case at last instance, asks the Court of Justice, whether the Directive on consumer rights precludes such a national rule and whether the trader is obliged to set up a new telephone or fax a telephone or fax line or an e-mail account so that consumers can contact him. consumers can contact him. The Federal Supreme Court also wants to whether a trader like Amazon can use other means of communication, such as an internet such as an internet chat or a call-back system.
In today's judgment, the Court answers that the directive precludes such national legislation, finding that the directive does not require the trader to set up a new telephone or fax line or an email account so that consumers can always contact him and that the directive only requires the trader to provide the telephone or fax number or his email address if he already has those means of communication with consumers. At the same time, the Court notes that the Directive obliges the trader to provide the consumer with a means of communication which ensures direct and efficient communication, although the trader may have recourse to means of communication other than those referred to in the Directive in order to fulfil those obligations. The Court holds that the purpose of the Directive is to ensure a high level of consumer protection by guaranteeing consumer information and security in transactions with traders. To that end, the possibility for the consumer to contact the trader quickly and to communicate with him efficiently is essential for the respect and effective enforcement of consumer rights, in particular the right of withdrawal. Nevertheless, it is necessary to ensure a balance between a high level of consumer protection and the competitiveness of businesses, as reflected in the same Directive, while respecting the entrepreneur's freedom to conduct a business, as guaranteed by the Charter of Fundamental Rights of the European Union.
In the opinion of the Court of Justice, an unconditional obligation on the trader obligation on the trader to always provide the consumer with a telephone number or even to set up a new telephone line, fax line or e-mail account so that consumers can or even to set up a new telephone line, fax line or e-mail account in order for consumers to be able to contact him, disproportionate. With regard to the meaning of the phrase "where appropriate" in the Directive the term "where appropriate" in relation to the three common means of communication means of communication between the consumer and the trader (telephone, fax, e-mail). Court considers that, despite the differences between the language versions, the Court considers that this expression covers cases in which the trader has such a means of means of communication and makes it available to consumers.
Furthermore, the Directive does not preclude the trader from other means of communication (such as an electronic contact form, an internet chat (such as an electronic contact form, an internet chat or a call-back system), provided that this and efficient communication between the consumer and the trader. trader is made possible. This requires that the information means of communication must be made available to the consumer in a clear and and comprehensible manner.
The Court points out that it is for the national courts to assess whether the means of communication made available to the consumer by the trader enable the consumer to contact the trader quickly and to communicate with him efficiently, and whether the information is accessible through those means of communication in a clear and comprehensible manner. On this last point, the Court holds that the fact that a telephone number is only available after a number of clicks on the website does not in itself imply that the means used to communicate 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
