Background of the decision by the Regional Court of Frankfurt am Main
With its judgment of July 31, 2025 (Case No.: 4 O 114/24), the Regional Court of Frankfurt am Main took a position on the statutory requirements for the right of withdrawal notice in distance contracts for the online sale of motor vehicles. In particular, it was decided that neither the inclusion of a telephone number nor detailed information on the return shipping costs of the vehicle are mandatory requirements to be included in the withdrawal notice.
This decision affects core aspects of the design of consumer information in the digital trade of vehicles. Companies that sell automobiles online are often confronted with complex requirements arising from national and European regulations.
Legal framework for the withdrawal notice
Principles of information obligations
According to the requirements of the German Civil Code (BGB) and the European Consumer Rights Directive, entrepreneurs must provide consumers with essential information if a distance contract is concluded. This generally includes a withdrawal notice which clearly explains to the consumer the nature, process, and legal consequences of the right of withdrawal.
The law specifically stipulates that the entrepreneur must provide the consumer with “the name, address to which complaints can be directed, and, if applicable, a telephone number, a fax number, and an email address.” However, according to the Regional Court of Frankfurt am Main, mentioning the telephone number in the withdrawal notice itself is not considered a mandatory requirement for its validity.
Costs of returning a vehicle when rescinding a purchase
A frequently discussed issue concerns the potential costs that consumers may incur when returning a vehicle. According to Section 357 (6) BGB, the consumer generally bears the direct costs of the return if they have been duly informed about this. While for typical shipped goods it is standard to provide details on the return costs as part of the withdrawal notice, this is not necessarily required for the distance sale of motor vehicles. This is due, among other things, to the special circumstances surrounding the return of vehicles, for example because of their weight, size, and the organizational challenges presented by a stationary product.
The court made it clear that the legislator does not impose a binding obligation to specify an exact return amount for motor vehicles. It considers it sufficient to inform the consumer that, as a general rule, they must bear the return costs unless otherwise agreed.
Implications for automotive trade practice and consumer protection
Balancing information interests
Companies in the vehicle trade benefit from the court’s clarification that no information beyond the statutory requirements needs to be provided in the withdrawal notice. This streamlines the mandatory information, reduces the risk of warnings, and prevents overloading the notice in a way that could make it unintelligible.
At the same time, the level of consumer protection remains upheld, as the key statements regarding exercising the right of withdrawal and the obligation to bear return costs must still be addressed clearly. However, the decision leaves open to what extent entrepreneurs may voluntarily offer additional contact options or information on return modalities for reasons of transparency. Especially in cross-border contracts or when using digital communication channels, further details may promote a customer-oriented approach.
Case law in the European context
The decision of the Regional Court of Frankfurt am Main must be viewed in the context of jurisprudence concerning consumer protection rights in distance selling. At the European level, it is also clearly recognized that information obligations in online commerce should be economically reasonable. Excessive requirements for the entrepreneur to provide detailed instructions that do not suit the particular product are avoided, while a fair balance of interests is still ensured.
In the automotive sector in particular, this results in a specific regulatory need, since returns of vehicles pose considerable organizational challenges. Due to the high cost of returns, clear knowledge about who bears the costs is often central in case of dispute. However, detailed cost estimates at the time of contract conclusion—due to, for example, fluctuating transport prices—are generally not required.
Significance for business owners and consumers
With regard to potential liability issues and possible warnings, it is essential for the entrepreneur to adhere to the statutorily required minimum information. For consumers, the decision means that they can rely on the essential information in the withdrawal notice and not be confused by a multitude of optional indications. In the area of vehicle trade, however, it is always advisable to carefully check if the individually designed withdrawal notice sufficiently complies with the statutory requirements in case of uncertainty.
Notice regarding pending proceedings and available sources
The judgment of the Regional Court of Frankfurt am Main is the main subject of this article. Further legal remedies or a final high court clarification are expressly reserved. The statements are based on the decision (Case No.: 4 O 114/24) and publicly available reports, in particular at urteile.news.
Contact option for legal questions
In view of the complex requirements for drafting withdrawal notices in online vehicle trade, review of differing circumstances may be necessary on a case-by-case basis. Companies and individuals with in-depth questions about compliance with information obligations or the structuring of return processes can find a qualified contact at MTR Legal Rechtsanwalt for matters of business law.
