Judgement regarding EU Consumer Rights Directive

We have already informed our customers about the EU Consumer Rights Directive 3 years ago: https://www.telequest.com/news/detail/article/eu/
At that time it has not been sure yet if and to which content SharedCall numbers are within the scope of this Directive as well because it´s depending on the interpretation of “basic rate”.    

The Landgericht Stuttgart had to handle this question in the proceedings „Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main e.V.“ vs. „comtech GmbH“ (it´s especially about the use of a 01805 customer hotline) and requested the European Court of Justice for a preliminary ruling.

On March 2nd, 2017 the European Court of Justice ruled that the concept of ‘basic rate’ must be interpreted as meaning that call charges relating to a contract concluded with a trader to a telephone helpline operated by the trader may not exceed the cost of a call to a standard geographic landline or mobile telephone line. Provided that that limit is respected, the fact that the relevant trader makes or does not make a profit through that telephone helpline is irrelevant.

Further details can be found in this document of the Court of Justice of the European Union.

So within the scope of this Directive only standard geographic landlines or mobile telephone lines and of course free 0800 numbers can be used. Thus in Austria for example 05, 0720, 0810 and 0820 numbers are not allowed in this regard anymore.


Should you have any questions regarding this matter or require qualified consulting services the telequest-Team would be happy to assist you.

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Although this information has been compiled with extraordinary diligence, telequest & Internet Solutions GmbH assumes no liability for their up-to-dateness, completeness and correctness.

The customer is in spite of handing out this information obligated to gather all necessary information about the legal and regulatory provisions and the Code of Conduct of the particular country himself.



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