Will the imaginary active consumers please stand up? Case note to Walbusch Walter Busch : Case C-430/17 Walbusch Walter Busch GmbH & Co. KG v. Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV,EU:C:2019:47

Abstract

The questions posed to the Court of Justice of the EU in the recent case of Walbusch Walter Busch asked what qualifies as the means of communication with a limited space or time to display the information and how detailed the disclosure on the right of withdrawal needs to be on such a medium. The judgment in this case had to strike a balance between not limiting traders’ opportunities to use technological advances to reach consumers and one of the main objectives of consumer protection: ensuring consumers have a chance to make fully informed transactional decisions.