Wed. Sep 25th, 2024
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Urteil des EU-Gerichtshofs in der Rechtssachen C-565/22 Sofatutor
05 October 2023
Donnerstag, 5. Oktober 2023
Urteil des Gerichtshofs in der Rechtssachen C-565/22 Sofatutor
Widerrufsrecht bei Fernabsatzverträgen
Der österreichische Verein für Konsumenteninformation (VKI) hat die deutsche Sofatutor GmbH (Sofatutor) vor den österreichischen Gerichten verklagt.
Sofatutor betreibt Online-Lernplattformen für Schüler und schließt mit den Verbrauchern Verträge, denen sie ihre Allgemeinen Geschäftsbedingungen (AGB) zugrunde legt. Diese AGB sehen vor, dass bei der erstmaligen Buchung eines Abonnements auf der Plattform dieses 30 Tage lang ab Vertragsschluss kostenlos getestet und während dieser Zeit jederzeit fristlos gekündigt werden kann, dass das Abonnement erst nach Ablauf der 30 Tage kostenpflichtig wird und dass für den Fall des Unterbleibens einer Kündigung innerhalb der 30 Tage der im Buchungsprozess vereinbarte kostenpflichtige Abonnementzeitraum zu laufen beginnt. Für den Fall, dass der kostenpflichtige Abonnementzeitraum abläuft, ohne dass die Beklagte oder der Verbraucher rechtzeitig gekündigt hat, verlängert sich nach den AGB das Abonnement automatisch um eine bestimmte Zeit.
Der VKI begehrt, Sofatutor für schuldig zu erkennen, es im geschäftlichen Verkehr mit Verbrauchern zu unterlassen, Verbraucher bei Verlängerung eines befristeten Vertragsverhältnisses im Fernabsatz nicht in klarer und verständlicher Weise über die Bedingungen, die Fristen und die Vorgangsweise für die Ausübung des Rücktrittsrechts zu informieren.
Der österreichische Oberste Gerichtshof möchte vom Gerichtshof wissen, ob das Unionsrecht dahingehend auszulegen ist, dass dem Verbraucher bei „automatischer Verlängerung“ eines Fernabsatzvertrags nochmals ein Widerrufsrecht zukommt. Ohne Schlussanträge.
Details
- Date:
- 05 October 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-565/22 Sofatutor
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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