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The Consumer Rights Directive (CRD) regulates contracts

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The Consumer Rights Directive (CRD) regulates contracts between traders and consumers. It defines three types: contracts concluded outside the trader’s business premises (off-premises contracts); contracts concluded using distance communication such as telephone and the internet (distance contracts); and on-premises contracts.
The Directive sets out rules related to the consumer’s right to withdraw from off-premises and distance contracts. These include that a consumer can do so within 21 days, without giving reasons, and cannot be subject to any penalty.The Directive had to be implemented by 1 December 2019, which Malta did by passing the Consumer Rights Act 2019 (CRA). The CRA states it applies to all three forms of contract as defined in the Directive but contains no provisions relating to consumer rights of withdrawal for off-premises and distance contracts.On 1 December 2021, Alessia, a Maltese resident, telephoned the company, ‘Virtue Solaris’ (VS), and entered into a distance contract to purchase solar panels. A week later, Alessia lost her job. She immediately contacted VS to say she could no longer afford the panels and was informed withdrawal from the contract required her to pay a penalty of 70% of the original cost.Explore the EU legal principles that may be relied on by Alessia in the Maltese courts to potentially enforce rights stemming from the CRD.
Submitted: 5 days ago.
Category: European Law
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