Everything you need to know about the new Consumer Rights Directive
By Dr Alexander Bayer
On 14 June 2014, the new provisions of the EU Directive 2011/83/EU on consumer rights (the Consumer Right Directive, or CRD) entered into force. They include several changes that you should be aware of in order to ensure your business remains compliant:
1. Application scope of the German remote purchase law
CRD article 2 no. 7 introduces a new definition of a distance contract that no longer relates to a particular subject matter. A classification in goods or services is therefore no longer necessary.
For the application of the rules for distance contracts, the current law only requires that a consumer contract is available that was exclusively entered into without the simultaneous physical presence of the trader and the consumer. This definition is implemented in Germany by the new section 312c BGB (German Civil Code)…
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This was the finding of the High Court following an appeal by the losing party from a master’s decision that relief should be granted.
The courts have said that any employee who receives commission and/or overtime should have that taken into account for their statutory holiday pay.