Abstract

The right to withdraw from contracts concluded outside of business premises is one of the basic rights that protects consumers against the consequences of entering into a contract by surprise or under duress. The notion of business premises comprises not only a venue where the undertaking permanently conducts its business activities but also movable retail premises where business activities are carried out customarily. In this regard it has been unclear whether a trade fair stand may be regarded as business premises. The judgement of the ECJ states that account must be taken of the actual appearance of that stand in the eyes of an average consumer, who may as a result reasonably expect to be solicited by a trader. This interpretation should be considered flawed as it introduces too much uncertainty for entrepreneurs as well as consumers.