In the judgment of 23 May 2024 (20 UKl 3/23), the Higher Regional Court (OLG) of Düsseldorf ruled on the legality of the design of a termination process on a website. The plaintiff, a consumer protection association, had sued the defendant, an energy supply company, because the design of the termination process on its website violated consumer protection regulations in the plaintiff’s opinion.
facts
The defendant offered contracts for electricity and gas supplies on its website. Consumers could terminate their contracts using a cancellation button, but first had to identify themselves using a login screen. Registered users had to log in with a user name and password, while unregistered users had to provide their contract account number and the postcode of their point of consumption.
Legal analysis
Violation of § 312k BGB
The court found that the design of the termination process was contrary to § 312k Abs. 2 S. 3 BGB This regulation requires that the termination process must be structured in two stages: after pressing the termination button, a confirmation page containing a confirmation button must appear immediately. The defendant’s login screen represents an impermissible hurdle that prevents immediate and easy access to the confirmation page.
Aspects of Union law
The Düsseldorf Higher Regional Court argued that § 312k BGB does not violate Union law. The Consumer Protection Directive (Directive 2011/83/EU) harmonises many aspects of contract law, but does not regulate the termination of contracts, so national rules such as § 312k BGB remain applicable.
Cancellation button and confirmation page requirements
The court made it clear that the cancellation button itself is not objectionable, as it is clearly and unambiguously recognizable as such. However, the confirmation page does not meet the legal requirements, as it does not consist of a uniform web page, but rather the customer must first enter further information before reaching the actual confirmation page.
Conclusion and implications
The ruling by the Higher Regional Court of Düsseldorf strengthens the rights of consumers by specifying the requirements for the design of cancellation processes on websites. Companies must ensure that contracts can be canceled without additional hurdles and in a clearly defined two-stage process. This makes it easier for consumers to cancel their contracts and prevents them from being deterred from canceling by unnecessary intermediate steps.
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