New CJEU Decision Strengthens Consumer Protection in Conditional Performance Contracts
The Court of Justice of the European Union (CJEU) has issued a ruling in the Conny case, impacting consumer protection in contracts with conditional performance. In this case, a consumer in Germany sought a refund of overpaid rent through a debt collection company. The contract between the consumer and the company was challenged by a third party due to a failure to comply with the obligation to inform the consumer about the moment they commit to payment.
The CJEU ruled that traders must always clearly inform consumers about their payment obligations, even when such payments are contingent upon future conditions. The Conny decision also reaffirms the CJEU's established jurisprudence that consumer protection provisions cannot be invoked by a third party to the detriment of the consumer.
