chapter  4
30 Pages

The withdrawal right pursuant to Directive 2011/83/EU and the application of the mandated-choice model

ByAntonios Karampatzos

In this chapter, my starting point is the withdrawal right in distance contracts provided for in Directive 2011/83/EU on Consumer Rights. I am going to flesh out, more specifically, whether the mandated-choice model can be applied to this right and thus amend the relevant regulatory framework, which is available to the consumer, to a more efficient direction. The conclusion drawn here from the behavioral approach is that the mandated-choice model would be indeed a more preferable, more efficient regulatory option than the existing mandatory law protection. It would be, namely, better if in distance contracts the law obligatorily provided the consumer with the possibility to choose between a contract without a withdrawal right and a contract with a withdrawal right and a higher price. This mandated-choice path currently finds considerable resonance in German theory and is advanced by eminent legal scholars. In this context, various related specific topics (such as cross-subsidization or opportunistic consumer conduct) are also going to be discussed.