The sale and installation of a stairlift are contracts for work and services that can be revoked within 14 days. This was decided by the Federal Court of Justice (BGH) following a complaint by a consumer advice center against a distributor of curved stairlifts.
In this case, the distributor of curved stairlifts had not granted its customers a statutory right of withdrawal - except for one model. The consumer association (plaintiff) saw this as a violation of competition law, among other things, and filed an action for injunctive relief with the regional court. Without success. The Higher Regional Court also rejected the plaintiff's appeal.
However, the BGH took a different view: it overturned the judgment of the Higher Regional Court on the plaintiff's appeal and ordered the distributor of curved stairlifts to cease and desist. Background: The consumer advice center had filed a lawsuit because customers had reported "planning errors", "safety deficiencies" or "inadequate service" in connection with the installation of stairlifts, among other things.
Sources: BGH (I ZR 96/20)/verbraucherzentrale.de
© Fotolia
English