Attention consumers: ECJ judgment for the subscription test phase causes excitement!

Attention consumers: ECJ judgment for the subscription test phase causes excitement!

How many of us have not ever entered a free subscription to find out after four weeks that without wanting to switch to a paid membership? The ECJ recently dealt with this topic. A judgment was made on October 5, 2023 (Az. C-565/22), which clearly defines the rights of consumers in this context. A central point of the decision is that consumers can only revoke once after completing a free subscription. In other words, if you don't quit in time, you often sit in the cost trap.

The legal dispute between the Austrian Association for Consumer Information (VKI) and Sofatutor GmbH, an online learning platform, illustrates the problem. Sofatutor offers a 30-day free testabo that can be terminated without notice at any time. After the 30 days, the subscription automatically becomes a fee. The VKI argued that consumers were entitled to a right of withdrawal even after being converted into a paid subscription if they were not sufficiently informed about the total costs. The ECJ found that this only applies in exceptional cases.

test phases and notice periods

The advantage of the free test phase is clear: consumers can test the services offered with risk. For example, the website LR.de calls for an uncomplicated termination within this test phase, which takes place free of charge by the end of the current week. From the fifth week, users pay 19.66 euros for three months before the subscription transfers to regular billing. Flexible termination at any time is also possible and can be done via the account area on the website or the app.

It is important to note that the cancellation period for the free testabo is 14 days and only begins when the consumer has been sufficiently informed. According to Section 312g (1) of the German Civil Code (BGB), the right of withdrawal also applies to contracts for digital content in distance sales. This means that users should find out exactly in the event of ambiguities regarding the costs and contractual terms - otherwise without legal handling.

legal framework conditions

The EU legal area is crucial for the legal framework. The judgment of the ECJ shows that consumers often get into the terminal if they are not informed about their rights and duties. A right of withdrawal also expires after 12 months and 14 days after the conclusion of the contract, which is another point that the reader should keep in mind.