Exemptions from consumer's right of withdrawal : a functional view

The article analyses the ECJ case easyCar(UK) Ltd v Office of Fair Trading to present to the reader the current approach to the legal interpretation of the extent of exemptions of the consumer's right of withdrawal. The Directive 97/7/EC on the protection of consumers in respect of distance contracts provides for an exemption covering certain groups of traders. However, the basis for classification for those excluded groups is not very clear. The imprecise justification for classification of traders is a reason for further considerations on the functional meaning of the exemption. Contrasting approaches of different institutions are presented. Statements made by the Secretary General and the opinion of the government of the United Kingdom are contrasted with the explanation of the ECJ. The court's justification for the exemption of certain types of traders is examined with respect to the reality of the EU market and the behavior of certain types of service providers. From this perspective the interpretation of exemptions made by the ECJ has proved to be too trader - focused. In fact, this leads not only to market imbalances, but also deprives the consumer of his legally granted protection. Consequently, it is shown that solely literal understanding of the exemptions disregards the functional purpose of the exclusion.