Amazon does not have to provide German consumers with a helpdesk number prior to purchase

Amazon is not required in all cases to provide the German consumer with a telephone number prior to concluding a purchase agreement in order to be able to communicate with the platform. This has been determined by the European Court of Justice.

The German Federal Union of Consumer Organizations had taken Amazon’s German division to court. According to the union, Amazon does not comply with a specific German provision on providing efficient means of contacting the trader, as Amazon does not provide the consumer with his telephone and fax numbers in a clear and comprehensible manner. The highest German court referred the case to the European Court of Justice to determine how this question should be assessed in light of the EU directive.

The EU’s highest court has ruled that German legislation requiring the trader to provide his telephone number when making a distance purchase is inconsistent with the EU directive on consumer rights adopted in 2011. This directive forms the basis for the right of withdrawal applicable in the EU Member States for telephone and internet purchases.

According to the Court, this directive precludes the national German legislation because it does not oblige the trader to activate or hand over a telephone or fax connection or a new e-mail address, so that consumers are always able to contact them. The directive does require the provision of a means of communication, but this may also be a means other than a telephone number, such as an online contact form, chat box or callback system.

The judges state that it is of great importance that consumers can exercise their rights, especially the right of withdrawal, and that it is important in that context that the trader can be contacted quickly. However, the Court also considers that a balance must be struck between consumer protection, the competitiveness of business and the freedom to conduct a business. The Court considers that the obligation to provide a telephone number is disproportionate.

Ultimately, it is up to the national courts of the Member State to determine whether consumers are actually able to contact the trader and thus communicate efficiently through the means of communication made available.