Verdict: Right of withdrawal also applies to stairlifts

  • 2 years ago

The sale and installation of a stair lift constitute contracts for work and services that can be revoked within 14 days. This was the decision of the German Federal Court of Justice (BGH) following a lawsuit filed by a consumer association against a distributor of curved stair lifts.

In the case in question, the distributor of curved stair lifts had not granted its customers any statutory right of withdrawal - except for one model. The consumer association (plaintiff) saw this as a violation of competition law, among other things, and sued for injunctive relief before the regional court. Without success. The Higher Regional Court also rejected the plaintiff's appeal.

The Federal Court of Justice (BGH), however, took a different view: It overturned the judgment of the Higher Regional Court on the plaintiff's appeal and ordered the distributor of the curved stair lifts to cease and desist. The background: The consumer association had filed a lawsuit because customers had reported, among other things, "planning errors," "safety deficiencies" or "inadequate service" in connection with the installation of stair lifts.

Sources: BGH (I ZR 96/20)/verbraucherzentrale.de
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