Opinion of German Bar Association on draft Directive on contract law for online sales of goods

German Bar Association dispatch no. 10/16 of 10.03.2016

In its Opinion no. 13/2016, the German Bar Association (Deutsche Anwaltverein – DAV) comments on the proposed Directive on certain aspects concerning contracts for the online and other distance sales of goods (COM(2015) 635). In principle, the Association welcomes the proposal for a Directive on certain aspects concerning contracts for the online and other distance sales of goods. However, it believes that in its aim to achieve a high level of consumer protection the proposal goes too far. It says that as a result false incentives are provided for consumers. Moreover, the Association raises the question of whether the Directive’s scope of application should remain limited to consumer contracts or, as default rules, broadened to cover B2B contracts as well. It also says that unwanted differentiations arise from the restriction of the scope of application to online/distance sales contracts. Apart from this, there is still room for improvement in many of the proposal’s individual points.

Our partner Dr Sylvia Kaufhold is a member of the German Bar Association’s legislative committee for European contract law which drew up this Opinion no. 13/2016. Sylvia Kaufhold will be happy to answer any of your questions on this topic or on other subjects involving online trading or sales law.

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