November 2025 brought a series of noteworthy judgments from the Court of Justice of the European Union (CJEU), shaping key aspects of consumer law. These decisions not only clarify the interpretation of EU directives and regulations but also reinforce fundamental principles such as consumer protection, legal certainty, and market fairness. Below is an overview of the most relevant rulings delivered in the last month (end of October and November to date), highlighting their practical implications for businesses, consumers, and regulators across the EU.
Withdrawal Period in Linked Vehicle Credit Agreements Starts Only After Full Disclosure of Mandatory Information
On 30 October 2025, the CJEU clarified that the withdrawal period for a consumer credit agreement linked to a vehicle purchase does not begin until all mandatory information, including the specific interest rate for late payment, has been duly communicated to the consumer. The case (C-143/23), referred by the Regional Court of Ravensburg (Germany) and involving KI v. Mercedes-Benz Bank AG and FA v. Volkswagen Bank GmbH, concerned the scope of the withdrawal right under Directive 2008/48/EC. The Court held that compensation for depreciation must reflect only the actual use of the vehicle, excluding unrelated costs such as dealer margins, resale expenses or VAT. The Court also confirmed that Directive 2008/48 does not fully harmonise the legal consequences of withdrawal, leaving Member States discretion to regulate the repayment of capital and interest provided that national rules do not render the exercise of the withdrawal right impossible or excessively difficult. The ruling reinforces the principle of effectiveness, enhancing consumer protection while maintaining contractual balance within linked credit agreements.
Choice-of-Court Agreements Between Natural Persons Not Invalidated by National Economic-Activity Requirements
On 30 October 2025, the CJEU clarified the interpretation of Article 25(1) of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The case (C-398/24), referred by the Supreme Court of Estonia, concerned a dispute between two natural persons regarding the transfer of a flat, in which the parties had agreed that Estonian law would apply and that any disputes would be resolved by a specific Estonian court. The Court held that a national-law condition requiring a link with the economic or professional activity of the parties does not render the choice-of-court agreement “null and void as to its substantive validity” within the meaning of EU law. The judgment strengthens party autonomy and the effectiveness of jurisdiction agreements, ensuring that individuals, including consumers, can rely on predictable contractual arrangements, while preventing national legislation from imposing additional validity conditions that would undermine freedom of choice.
Delay Compensation Must Be Calculated on the Basis of the Originally Scheduled Arrival Time
On 30 October 2025, the CJEU held that when an air carrier postpones a flight and issues a new booking confirmation with revised departure and arrival times, the delay for compensation purposes under Regulation 261/2004 must be assessed by reference to the originally scheduled arrival time. The case (C-558/24), referred by the Regional Court of Landshut (Germany), concerned a dispute between Corendon Airlines Turistik Hava Tasimacilik AS and Myflyright GmbH. The Court confirmed that a mere postponement of flight times, without any change to the route or flight number, constitutes a delay, not a cancellation, and that passengers arriving three hours or more after the originally scheduled time suffer an irreversible loss of time entitling them to compensation. Allowing airlines to rely on unilaterally modified arrival times would undermine the regulation’s objective of ensuring a high level of passenger protection, enabling carriers to avoid liability simply by issuing last-minute confirmations with later times. The Court therefore ruled that the revised booking confirmation is irrelevant for calculating delay length: compensation is due whenever the arrival exceeds the three-hour threshold measured against the initial timetable.
Non-Profit Associations Can Qualify as “Travellers” Under EU Package Travel Rules
On 13 November 2025, the CJEU held that a legal person, such as a non-profit association, that books a package travel contract in its own name but on behalf of its members qualifies as a “traveller” under Article 3(6) of Directive (EU) 2015/2302. The case (C-445/24), referred by the Court of Cassation (Belgium), concerned a dispute between MS Amlin Insurance SE and (W)onderweg VZW. The Court emphasised that the definition of “traveller” (“any person who seeks to conclude a contract or is entitled to travel under a concluded contract”) does not distinguish between natural and legal persons. Even though the association cannot physically travel, it can conclude contracts for the benefit of those who will. Denying such an entity the status of “traveller” would undermine the directive’s objective of ensuring a high level of protection, particularly for vulnerable persons. The ruling ensures that associations and other legal entities acting on behalf of their members may invoke rights such as insolvency protection, confirming that EU law protects the contracting entity, not only the individuals who ultimately travel.
“Non-Alcoholic Gin” Prohibited and Validity of Regulation 2019/787 Confirmed
On 13 November 2025, the CJEU held that a beverage marketed as “non-alcoholic gin” cannot lawfully use the designation “gin” under Regulation 2019/787. The case (C-563/24), referred by the Regional Court of Potsdam (Germany), involved a dispute between Verband Sozialer Wettbewerb eV and PB Vi Goods GmbH. The Court found that Article 10(7) expressly prohibits the use of protected spirit drink names for products that do not fulfil the category’s essential requirements, including production with ethyl alcohol of agricultural origin and reaching a minimum alcoholic strength of 37.5%. The addition of “non-alcoholic” does not circumvent this prohibition, which also extends to qualified or imitative designations. Article 12(1) was held inapplicable because it concerns foodstuffs produced using alcohol, whereas the product at issue was water-based. Turning to validity, the Court rejected the challenge based on Article 16 of the Charter, holding that the restriction affects only the use of the legal name, not the manufacture or sale of non-alcoholic juniper-flavoured beverages. The measure was found suitable and necessary to protect consumers, prevent misleading impressions, safeguard fair competition, and defend the reputation of EU spirit drinks. The Court thus confirmed both the prohibition and the validity of Article 10(7).
Individuals Hiring Lawyers to Form Companies May Be Consumers, Not Undertakings
On 13 November 2025, the CJEU clarified the scope of Directive 2011/7/EU on late payment in commercial transactions and Directive 93/13/EEC on unfair terms in consumer contracts. The case (C-197/24), referred by the City Court of Bratislava IV (Slovakia), concerned a dispute between AK, a legal services company, and RU, a natural person who hired the firm to establish a commercial company of which he intended to become co-founder, member and managing director. The Court held that engaging a lawyer to form a company does not automatically classify the individual as an undertaking, nor does it automatically render the transaction “commercial” under Directive 2011/7. The Court further confirmed that such a person may be regarded as a consumer under Directive 93/13, provided they were not acting within an independent professional or economic activity at the time of contracting. The ruling strengthens legal certainty for individuals entering into legal-service contracts and ensures that national provisions on legal fees are interpreted consistently with EU consumer-protection rules, preventing reclassification as “undertakings” based solely on future entrepreneurial intentions.
Use of Email Addresses for Marketing Must Comply with Directive 2002/58
On 13 November 2025, the CJEU clarified the interpretation of Directive 2002/58 with respect to the use of email addresses for direct marketing. The case (C-654/23), referred by the Court of Appeal of Bucharest (Romania), involved a dispute between Inteligo Media SA and the National Supervisory Authority for the Processing of Personal Data (ANSPDCP). The Court held that a user’s email address is obtained “in the context of the sale of a product or service” when the user creates a free account on an online platform giving access to a limited number of articles, a daily legislative newsletter, and optional paid content. Sending such a newsletter constitutes a use of electronic mail for direct marketing of similar products or services under Article 13(1) and (2) of Directive 2002/58. Furthermore, when unsolicited communications comply with Article 13(2), the conditions for lawful processing under Article 6(1) GDPR do not apply. The ruling confirms that the e-privacy rules, read alongside Article 95 GDPR, form the regulatory framework for email marketing, ensuring consumer protection and respect for users’ rights.
National Authorities Must Assess Civil Engineering Access Obligations Against All Objectives of the EU Electronic Communications Code
On 20 November 2025, the CJEU clarified that when a national regulatory authority considers imposing an obligation of access to civil engineering assets on an undertaking with significant market power under Article 72 of Directive (EU) 2018/1972, it must ensure compliance with all objectives listed in Article 3 of the directive. The case (C-327/24), referred by the Administrative Court of Cologne (Germany), involved a dispute between Telekom Deutschland GmbH and the Federal Republic of Germany. The Court emphasised that the objectives, promoting connectivity and high-capacity networks, fostering competition, contributing to the internal market, and protecting consumers, must all be taken into account on an equal footing, with none enjoying priority. This ruling ensures that national authorities adopt access obligations in a way fully aligned with the broader goals of the European Electronic Communications Code, rather than focusing solely on competition or end-user considerations.