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Case C-529/19: Request for a preliminary ruling from the Amtsgericht Potsdam (Germany) lodged on 11 July 2019 — Möbel Kraft GmbH & Co. KG v ML
ECLI:EU:UNKNOWN:62019CN0529
62019CN0529
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Valentina R., lawyer
14.10.2019
EN
Official Journal of the European Union
C 348/6
(Case C-529/19)
(2019/C 348/07)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Möbel Kraft GmbH & Co. KG
Defendant: ML
Question referred
Is the right of withdrawal under Article 16(c) of the Consumer Rights Directive (Directive 2011/83/EU) (1) also excluded where goods are made to the consumer’s specifications but the seller has not yet begun to manufacture the goods and would be making adjustments to them itself at the consumer’s premises, not through a third party? Does the answer depend on whether it would be possible to return the goods to the state they were in before customisation with only low dismantling costs, such as some 5 percent of the value of the goods?
(1) 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 (OJ 2011 L 304, p. 64).
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