Requirements for the Right of Withdrawal Information in Online Car Purchases: Legal Clarification by the Regional Court of Frankenthal
With its judgment dated 31.07.2024 (Case No. 4 O 114/24), the Regional Court of Frankenthal (Pfalz) clarified key aspects regarding the design of the right of withdrawal information in vehicle purchase agreements concluded via distance contracts. The main issue in the legal dispute was whether online dealers are required to provide a telephone number and specific information on the concrete return shipping costs for a vehicle within the withdrawal information.
Context: Consumer Rights in Distance Sales in the Automotive Sector
The online sale of motor vehicles is subject to the provisions of §§ 355 ff. BGB and the implementation regulations issued for this purpose via the BGB Information Duties Regulation (BGB-InfoV, replaced by Art. 246a EGBGB). This includes the obligation to inform about the right of withdrawal and the related modalities.
Information Duties According to Art. 246a § 1 EGBGB
According to Art. 246a § 1 Section 2 Sentence 1 EGBGB, businesses must provide consumers with clear and easily understandable instructions about the right of withdrawal, its exercise, and its legal consequences. Until now, it has been unclear whether this obligation necessarily includes providing a telephone number for withdrawal and precise information about the return shipping costs, especially for larger goods such as a motor vehicle.
Decision of the Regional Court of Frankenthal: No Unconditional Obligation to Provide Telephone Number and Exact Return Shipping Costs
The Regional Court of Frankenthal determined that a telephone number does not have to be mandatorily included in the right of withdrawal information under current law, as long as the dealer ensures the possibility of contact through other suitable communication channels—such as email or postal address—and does not unreasonably complicate consumers’ exercise of their right of withdrawal.
With regard to return shipping costs, the court refers to the statutory provisions in § 357 Section 6 BGB. According to this, the consumer is generally obliged to bear the direct costs of return shipping, provided the business has pointed this out. However, in the court’s opinion, specifying the potential cost amount—especially in the case of a car, where return does not occur via regular parcel services—is not required.
Relevance for Online Dealers in the Automotive Sector
With this interpretation, the court acts in line with the statutory systematics regarding consumer information. The background is that, in distance sales contracts, the obligation to return typically passes to the consumer once they have been clearly and unambiguously informed about having to bear the costs of return. However, given the variable cost structures of individual pickups, specifying the exact amount is not realistic and thus not strictly necessary.
Practical Implications
For practice in online car trade, this jurisprudence means that the structure of right of withdrawal information can continue to comply with industry-standard legal requirements, without the need for additional or more extensive obligations—particularly with regard to telephone contact options or advance disclosures of return shipping costs.
Balance Between Consumer Protection and Legal Certainty for Businesses
This judgment also improves the predictability of legal obligations for dealers and ensures a balanced relationship between consumer protection and legal certainty for businesses: the information obligations remain paramount; at the same time, the administrative burden, especially for individually variable return costs, is not disproportionately increased.
Summary Assessment
The ruling of the Regional Court of Frankenthal sharpens the focus on the practical and legal manageability of distance contracts in the automotive sector. As a result, online car trading, also in light of the EU consumer protection directives, gains legal certainty regarding the design of statutorily required mandatory information within the right of withdrawal.
Our Rechtsanwalt at MTR Legal are very happy to provide you with further information and assessments on current developments in online trade law, especially in connection with withdrawal regulations and consumer protection obligations.
