Review of the case law of the European Court of Justice: January and February 2026

Jurisprudência

January and February 2026 saw a number of relevant judgments from the Court of Justice of the European Union (CJEU) addressing important issues in consumer law. These decisions contribute to clarifying the interpretation of EU directives and regulations and further develop core principles such as consumer protection, legal certainty, and market fairness. Below is an overview of rulings delivered in these months, highlighting their practical implications for businesses, consumers, and regulators across the EU.

Air Carriers Must Reimburse Intermediary Commissions as Part of the Ticket Price After Flight Cancellations

On 15 January 2026, the CJEU clarified the scope of Article 8(1)(a) of Regulation (EC) No 261/2004, read in conjunction with Article 5(1)(a) thereof, concerning the reimbursement of airline ticket prices following flight cancellations where tickets are purchased through intermediaries. The case (C-45/24), referred by the Austrian Supreme Court, arose from proceedings brought by the Austrian consumer association VKI against KLM, seeking reimbursement of an agency commission charged by an online booking platform when passengers purchased tickets that were later cancelled. The Court held that the “price of the ticket” to be reimbursed includes the intermediary’s commission paid by the passenger, even where the air carrier was unaware of the exact amount of that commission. Emphasising that such commissions constitute an unavoidable component of the ticket price in a single transaction authorised by the carrier, the Court rejected an interpretation that would make reimbursement conditional on the carrier’s precise knowledge of the commission. Such an approach, it reasoned, would undermine the high level of passenger protection pursued by Regulation No 261/2004, risk delaying reimbursement, and potentially deter consumers from using intermediaries. The judgment thus reinforces the effectiveness and simplicity of passenger reimbursement rights, while allocating the commercial risk associated with intermediary practices to air carriers rather than consumers.

Rome II Applies to Directors’ Tort Liability for Unlicensed Online Gambling, with Damage Occurring at the Player’s Residence

On 15 January 2026, the CJEU clarified the interpretation of Articles 1(2)(d) and 4(1) of the Rome II Regulation (Regulation (EC) No 864/2007) in a case concerning the tort liability of company directors for losses arising from unlicensed online gambling activities. The case (C-77/24, Wunner (i)), referred by the Austrian Supreme Court, arose from an action brought by an Austrian consumer seeking recovery of gambling losses from the directors of a Maltese online gambling company that operated in Austria without the licence required under national law. The Court held, first, that such an action does not fall within the exclusion for “non-contractual obligations arising out of the law of companies” under Article 1(2)(d) Rome II, since the alleged liability is based on the infringement of a general statutory prohibition, external to the internal organisation or management of the company. Second, the Court ruled that, for the purposes of Article 4(1) Rome II, the place where the damage occurred is the Member State in which the player is habitually resident, as this is where the protected interest is harmed and where participation in the unlawful online gambling activity takes place. By anchoring both the applicable law and the localisation of damage to the player’s residence, the judgment enhances legal certainty and predictability, while strengthening consumer protection against cross-border illegal gambling practices and facilitating effective private enforcement against company directors.

Banks May Raise a Plea of Set-off Following the Invalidation of a Consumer Credit Agreement Containing Unfair Terms

On 22 January 2026, the Court of Justice delivered its judgment in RM and EM v Santander Bank Polska S.A. (Case C-902/24), clarifying the interpretation of Articles 6(1) and 7(1) of Directive 93/13/EEC, read in light of the principle of effectiveness, in the context of restitution following the invalidation of a consumer credit agreement due to unfair terms. The reference for a preliminary ruling was made by a Polish court in proceedings brought by two consumers seeking repayment of amounts paid under a mortgage loan agreement declared void as a result of unfair terms. In response to the consumers’ restitution claim, the bank raised, in the alternative, a plea of set-off corresponding to the loan principal. The Court recalled that, where an unfair term renders a contract incapable of continuing in existence, EU law does not itself determine the legal consequences of that invalidity, which remain governed by national law, subject to compliance with EU consumer protection requirements. It held that Directive 93/13/EEC does not preclude national legislation allowing a seller or supplier to raise, in the alternative, a plea of set-off against the consumer’s restitution claim, provided that such a claim is not treated as due before the contract has been definitively invalidated and does not undermine the effectiveness of the protection conferred on consumers. The Court further emphasised that national rules on procedural costs must not have a dissuasive effect on consumers seeking to exercise their rights under the directive. The judgment thus confirms that national restitution and set-off mechanisms may be compatible with EU consumer law, while reaffirming that their application must not weaken the deterrent effect of the unfair terms regime or discourage consumers from seeking judicial protection. The decision has been commented on, inter alia, Courthouse News and NOVA Consumer Lab, highlighting both its practical implications for mortgage litigation and the open questions it leaves from a consumer law perspective.

Pre-Action Disclosure in Competition Damages Claims Must Respect the Plausibility Threshold, Even in Consumer Collective Actions

On 29 January 2026, the CJEU clarified the interpretation of Article 5(1) of Directive 2014/104/EU in a case concerning access to evidence prior to the bringing of a competition damages action on behalf of consumers. The case (C-286/24), referred for a preliminary ruling by the Supremo Tribunal de Justiça (Supreme Court, Portugal), arose from a dispute between Meliá Hotels International and Associação Ius Omnibus regarding a request for disclosure of documents intended to support a potential collective action for damages following a Commission decision finding an infringement of Article 101 TFEU. The consumer association sought access to evidence in order to assess the harm allegedly suffered by Portuguese consumers as a result of territorial restrictions in hotel booking conditions. The Court held that Article 5(1) applies to actions brought specifically for the purpose of obtaining disclosure before a damages claim is formally introduced, provided that national law allows such procedural mechanisms. However, the CJEU clarified that a Commission decision establishing a vertical restriction by object does not, in itself, suffice to demonstrate the plausibility of harm for the purposes of ordering disclosure. Unlike cartels, vertical infringements do not benefit from the presumption of harm under Article 17(2) of the Directive, and claimants — including consumer representative bodies — must present reasonably available evidence capable of supporting the plausibility of damage and a causal link. The Court further emphasised that the plausibility requirement does not amount to a full evidentiary standard, but it must prevent speculative or purely exploratory requests. The judgment thus strengthens procedural tools available for consumer collective redress in competition matters, while safeguarding proportionality and legal certainty in the disclosure of evidence.

No General Presumption of Confidentiality for Member States’ Votes in Comitology Procedures

On 5 February 2026, the CJEU clarified the scope of public access to documents in the context of comitology procedures, in a case concerning the disclosure of Member States’ individual votes cast within a committee assisting the Commission in the adoption of an implementing regulation of general application. The case (C-540/23 P), referred to the Court of Justice on appeal by the European Commission against Covington & Burling LLP and Mr Bart Van Vooren, arose from a request for access to documents revealing how Member States voted within the PAFF Committee during the preparation of a draft regulation amending Annex III to Regulation No 1925/2006 on substances added to food. The Commission argued that disclosure of those individual votes would seriously undermine its decision-making process and that the comitology framework reflected structural confidentiality protecting national positions. The Court held that, although such votes constitute opinions expressed as part of internal deliberations, the regulatory framework governing comitology does not establish a general presumption of non-disclosure. It confirmed that institutions must carry out a specific and concrete assessment of the actual risk associated with disclosure and cannot rely on abstract reasoning concerning the need to preserve cooperation between Member States. The CJEU further emphasised that increased openness enhances democratic legitimacy and accountability, particularly where implementing measures may affect consumers and EU citizens as a whole. The judgment thus reaffirms that comitology procedures are subject to the EU’s constitutional commitment to transparency and that exceptions to access to documents must be interpreted strictly.

Member States May Prohibit GMO (genetically modified organism) Cultivation Without Specific Justification Under Transitional Mechanism

On 5 February 2026, the CJEU ruled on the validity of Article 26c(1) and (3) of Directive 2001/18, as amended by Directive 2015/412, in joined preliminary ruling proceedings concerning national prohibitions on the cultivation of MON 810 genetically modified maize. The cases (C-364/24 and C-393/24), referred by the Consiglio di Stato (Council of State, Italy) and the Tribunale di Udine (District Court, Udine, Italy), arose from disputes brought by Mr Giorgio Fidenato following orders to destroy GMO maize crops and the imposition of administrative fines for breaching the Italian prohibition implemented pursuant to Commission Implementing Decision 2016/321. The referring courts questioned whether allowing Member States, during the transitional period, to demand an adjustment of the geographical scope of an existing GMO authorisation without providing specific justification was compatible with the free movement of goods, proportionality, non-discrimination, freedom to conduct a business, and WTO obligations. The Court held that the mechanism established in Article 26c(1) and (3) is valid, emphasising that cultivation prohibitions adopted under that procedure require the tacit consent of the authorisation holder and do not affect the free circulation of authorised GMO products as goods. It further clarified that such measures do not undermine consumers’ freedom of choice, since authorised GMO products may continue to be marketed and consumed within the internal market. The CJEU confirmed that the EU legislature acted within its broad discretion under Article 114 TFEU, balancing internal market objectives with subsidiarity and national flexibility regarding land use. The Court also ruled that decisions adopted under Article 26c(1) and (3) need not rely on the specific grounds listed in Article 26b(3), and that Implementing Decision 2016/321 does not preclude national penalties that are effective, proportionate and dissuasive.

Compliance of a Mortgage Loan Interest Clause Based on a Regulated Benchmark Does Not in Itself Render the Term Unfair

On 12 February 2026, the CJEU clarified the interpretation of Articles 1(2), 4(2) and 3(1) of Directive 93/13/EEC, read in conjunction with Regulation 2016/1011, in a case concerning the fairness and transparency of a variable interest rate clause in a mortgage loan agreement concluded with a consumer. The case (C-471/24), referred by a Polish court, arose from proceedings between a consumer and a bank regarding a loan indexed to the WIBOR 6M benchmark, where the consumer argued that the clause was unfair due to the methodology of that index and the bank’s role as a contributing entity. The Court held, first, that Article 1(2) of Directive 93/13 does not exclude such a term from review where national law merely lays down a general framework for determining interest rates while leaving the professional free to choose the benchmark and margin. Secondly, the CJEU ruled that the transparency requirement under Article 4(2) does not oblige the creditor to provide detailed information on the methodology of the benchmark, provided that it has complied with the information duties laid down in Directive 2014/17 and has not given the consumer a distorted picture of the index. Thirdly, the Court found that the fact that the benchmark methodology may rely on input data not strictly corresponding to actual transactions, and that the creditor is one of the contributing banks, does not in itself create a significant imbalance to the detriment of the consumer, where the index complied with Regulation 2016/1011 at the time of contract conclusion. The judgment thus confirms that the mere use of a regulated benchmark in a mortgage loan agreement does not automatically render the interest clause unfair, while preserving the consumer’s right to judicial review of the term as a whole under Directive 93/13.

Review of the case law of the European Court of Justice: December 2025

Jurisprudência

December 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 November and December to date), highlighting their practical implications for businesses, consumers, and regulators across the EU.

Consumers Cannot Be Burdened with Disproportionate Court Costs After Contracts Are Annulled for Unfair Terms

On 27 November 2025, the CJEU clarified the scope of Articles 6(1) and 7(1) of Directive 93/13/EEC, read in light of the principle of effectiveness, in a case concerning the allocation of court costs following the annulment of a consumer credit agreement containing unfair terms. The case (C-746/24), referred by the Regional Court of Warsaw, arose from an action brought by Bank Millennium SA seeking restitution of the loan capital after a Swiss-franc-denominated loan agreement had been declared invalid at the consumer’s request. The Court held that EU law precludes national legislation under which a consumer, acting as defendant, may be ordered to bear court costs significantly higher than those applicable had the consumer been unsuccessful in an action brought on their own initiative to challenge the unfair terms. Such cost asymmetry is liable to deter consumers from exercising or defending their EU-law rights, undermining both effective judicial protection and the deterrent effect of Directive 93/13. While reaffirming Member States’ procedural autonomy, the judgment requires national courts to interpret domestic cost rules in conformity with EU law so as to avoid disproportionate financial burdens on consumers, thereby reinforcing consumer protection, legal certainty and the effectiveness of judicial review in unfair-terms litigation.

Order for Payment Procedures May Limit the Effects of Unfair Terms Review, Provided Consumers Retain Full Judicial Protection

On 27 November 2025, the CJEU ruled on the compatibility of Spanish order for payment procedures with Articles 6(1) and 7(1) of Directive 93/13/EEC, interpreted in light of the principle of effectiveness, in a case concerning the ex officio review of unfair contractual terms and the procedural rights of consumers. The case (C-509/24), referred by the Court of First Instance and Preliminary Investigations No 3 of Arucas (Spain), arose from an application by Investcapital Ltd for an order for payment based on a bank account contract concluded with a consumer. The Court held that EU law does not preclude national legislation under which the court, in expedited order for payment proceedings, may merely propose a reduction of the claimed amount by excluding sums derived from terms considered unfair, without formally declaring those terms void, nor prevent the creditor from pursuing the excluded amounts in subsequent proceedings. Such a system is compatible with Directive 93/13 provided that the consumer can obtain, in other proceedings, a declaration of invalidity of the unfair term and that the order for payment does not produce res judicata effects. The Court further ruled that EU law does not require consumer participation at this preliminary review stage, as long as the principle of audi alteram partem is fully respected in later inter partes proceedings. The judgment thus confirms Member States’ procedural autonomy in designing summary recovery mechanisms, while reaffirming that effective consumer protection must ultimately be ensured through access to full judicial review of unfair terms.

Territorial Jurisdiction for Collective Damages Actions Arising from Anticompetitive Conduct on Online Platforms

On 2 December 2025, the CJEU clarified the interpretation of Article 7(2) of Regulation (EU) No 1215/2012 (Brussels I bis) in the context of representative actions for damages arising from alleged anticompetitive conduct on digital platforms. The case (C-34/24), referred by the District Court of Amsterdam, concerned collective actions brought by two Dutch foundations against Apple Distribution International Ltd and Apple Inc., seeking compensation for damage allegedly suffered by users of the App Store in the Netherlands due to the imposition of excessive commissions in breach of Articles 101 and 102 TFEU. The Court held that, where an online platform is specifically directed at the market of a Member State, the place where the damage occurred corresponds to the entire territory of that State, even if individual purchases were made online and the users are unidentified but identifiable. Consequently, any court in that Member State having substantive jurisdiction may exercise both international and territorial jurisdiction over a representative action covering all affected users, regardless of their precise location within the State. This approach ensures proximity, predictability and sound administration of justice, avoids fragmentation of jurisdiction and facilitates effective enforcement of competition law in the digital economy, while confirming that collective redress mechanisms do not alter the application of Article 7(2) but may justify a centralised jurisdictional solution.

Subsequent Targeting of a Consumer’s Member State Does Not Alter the Law Applicable to an Existing Contract

On 4 December 2025, the CJEU clarified the interpretation of Article 6(1) of Regulation (EC) No 593/2008 (Rome I), read in conjunction with Article 3, in a case concerning the temporal scope of consumer protection rules in cross-border banking relationships. The case (C-279/24), referred by the Oberster Gerichtshof (Austria), arose from a dispute between AY, a consumer residing in Italy, and Liechtensteinische Landesbank (Österreich) AG, regarding losses allegedly suffered in connection with financial products purchased under an ongoing contractual relationship governed by Austrian law. The Court held that Article 6(1) does not apply where the professional did not pursue or direct its activities to the consumer’s Member State at the time the contract was concluded, even if such targeting occurs subsequently during the contractual relationship. Allowing the applicable law to change retroactively would undermine the predictability of conflict-of-law rules, the principle of legal certainty, and the freedom of choice enshrined in Article 3, which constitutes a cornerstone of Rome I. The CJEU further confirmed that later financial transactions carried out under an existing framework agreement do not, in themselves, constitute a new contractual relationship capable of triggering Article 6. The judgment thus reinforces that consumer protection under Rome I is determined at the moment of contract formation, preventing ex post reclassification of the applicable law based on later market-targeting conduct.

Submission of a Set-Off Declaration Cannot Imply Waiver of Limitation Defense in Unfair Loan Litigation

On 11 December 2025, the CJEU clarified the scope of Article 7(1) of Directive 93/13/EEC, read in light of the principle of effectiveness, in a case concerning the procedural consequences of annulment of a consumer mortgage loan contract containing unfair terms. The case (C-767/24, Kuszycka), referred by the Sąd Okręgowy w Warszawie (Poland), arose from restitution proceedings brought by mBank S.A. against a consumer, ML, seeking repayment of the loan capital after the contract had to be declared void, despite the bank’s claim being time-barred under national law. The Court held that EU law precludes national case-law under which the consumer’s submission of a declaration of set-off is automatically treated as an implied waiver of the objection that the seller’s claim is time-barred, even where that objection is raised expressly and simultaneously. Such an interpretation is liable to deter consumers from exercising procedural rights, undermine the dissuasive effect of the prohibition of unfair terms, and allow the seller or supplier to benefit from its own unlawful conduct. The CJEU emphasised that a waiver of limitation cannot be presumed without verifying the consumer’s free and informed intention, regardless of legal representation, and confirmed that national courts must disapply incompatible case-law in order to ensure effective consumer protection and the full effectiveness of Directive 93/13.

Distributors May Be Sanctioned for Incorrect Nicotine Labelling, but Flat-Rate Fines Breach the Principle of Proportionality

On 11 December 2025, the CJEU clarified the interpretation of Articles 23(2) and 23(3) of Directive 2014/40/EU, read in conjunction with Article 2(40) and Article 20(4)(b)(i), in a case concerning administrative penalties imposed on distributors of refill containers for electronic cigarettes bearing incorrect indications of nicotine content. The case (C-665/24), referred by the College van Beroep voor het bedrijfsleven (Netherlands), arose from fines imposed on Diamond Flavours BV and UEG Holland BV for supplying refill containers to retail outlets where the nicotine content indicated on the unit packets exceeded the actual content. The CJEU held, first, that the obligation to ensure that non-compliant products are not placed on the market applies at all stages of the supply chain, including the supply by distributors to retail outlets, and is not limited to sales to consumers. Secondly, the Court ruled that while strict liability regimes and fines of a criminal nature may be compatible with Directive 2014/40 in light of the objective of ensuring a high level of health protection, national legislation imposing flat-rate fines that cannot be adjusted to reflect the seriousness of the breach and the individual circumstances of the case is disproportionate and therefore precluded by EU law. The judgment thus confirms broad enforcement powers against distributors, while reaffirming that penalty systems must respect proportionality and cannot disregard the concrete gravity of the infringement, even where consumer health protection is at stake.

National Regulatory Authorities May Impose Broad Information Obligations on Parcel Delivery Operators, Subject to Proportionality

On 18 December 2025, the CJEU clarified the scope of the powers of national regulatory authorities (NRAs) in the postal sector under Regulation 2018/644 and Directive 97/67 in a case concerning general and symmetrical obligations to provide information imposed by the Italian authority AGCOM on parcel delivery service providers. The case (C-345/24), referred by the Consiglio di Stato (Italy), arose from challenges brought by several operators against regulatory measures requiring disclosure of information on pricing conditions, contractual arrangements with undertakings contributing to the provision of services, and the economic and legal conditions of workers, including subcontracted labour. The CJEU held, first, that Regulation 2018/644 applies to all parcel delivery service providers, irrespective of whether the services concerned are domestic or cross-border, save for specific exclusions. Secondly, the Court distinguished ex ante regulatory powers aimed at monitoring markets and preventing distortions of competitionfrom the ex post application of competition law, holding that the former may justify broad information requestsenabling a forward-looking assessment of market conditions. Lastly, the CJEU ruled that Articles 22 and 22a of Directive 97/67 and Article 4 of Regulation 2018/644 do not preclude an NRA from imposing such obligations, provided that they are suitable to ensure the performance of the authority’s tasks, necessary for that purpose and proportionate, in that they do not impose an undue administrative burden on operators, the assessment of proportionality being a matter for the referring court.

Res Judicata Cannot Prevent Ex Officio Review of Unfair Penalty Clauses After Cassation

On 18 December 2025, the CJEU clarified the scope of Articles 6(1) and 7(1) of Directive 93/13/EEC, read in light of the principle of effectiveness and Article 47 of the Charter, in a case concerning the ex officio review of unfair contractual terms in proceedings remitted following cassation. The case (C-320/24), referred by the Corte suprema di cassazione (Italy), arose from litigation between two consumers and a property developer admitted to insolvency proceedings, relating to the termination of a preliminary contract for the sale of immovable property and the validity of a penalty clause allowing the seller to retain advance payments in the event of non-performance. The Court held that EU law precludes national procedural rules under which the principle of res judicata prevents a national court, to which a case has been remitted following cassation, from examining of its own motion the unfairness of a contractual term, where neither the consumer nor the national courts had previously carried out such a review. Such an approach is liable to render consumer protection ineffective, allow unfair terms to be treated as implicitly valid without any reasoned judicial assessment, and undermine the dissuasive effect of Directive 93/13. The CJEU emphasised that the obligation to review unfair terms cannot be neutralised by rules on finality, even where the consumer raised the unfairness only at a late stage of the proceedings, and confirmed that national courts must disapply procedural rules that make the exercise of consumer rights impossible or excessively difficult.

Margin Squeeze Analysis Requires Dominance on the Upstream Market and a Substitutability-Based Market Definition

On 18 December 2025, the CJEU clarified the interpretation of Article 102 TFEU in a case concerning the assessment of an alleged margin squeeze by a vertically integrated undertaking active in the wholesale fuel market, with potential adverse effects on competition and consumer welfare. The case (C-260/24), referred by the Administrativen sad Sofia-oblast (Bulgaria), arose from proceedings between Lukoil Bulgaria EOOD and the Bulgarian competition authority concerning a finding of abuse of a dominant position based on pricing practices whereby fuel sold after payment of excise duty was priced below fuel sold under an excise duty suspension arrangement. The Court held that, in order to establish a margin squeeze, a competition authority must demonstrate the existence of a dominant position on the upstream market, on the basis of market shares or other relevant structural characteristics, and must show that the prices applied on a linked downstream market are capable of producing an exclusionary effect on competitors that are at least as efficient as the dominant undertaking, to the detriment of effective competition and ultimately of consumers. The CJEU further ruled that only products displaying a sufficient degree of substitutability may be included in the same relevant product market, and that while fuels such as petrol and diesel may be grouped together at wholesale level depending on storage and supply conditions, the exclusion of LPG must be objectively justified by differences in infrastructure, transport or regulatory requirements, which it is for the national court to verify.

Trade Marks Corresponding to Designers’ Names May Be Revoked if Their Use Misleads Consumers as to Creative Origin

On 18 December 2025, the CJEUclarified the interpretation of Article 12(2)(b) of Directive 2008/95 and Article 20(b) of Directive (EU) 2015/2436 in a case concerning the revocation of trade marks liable to mislead the public following their assignment. The case (C-168/24), referred by the Cour de cassation (France), arose from proceedings between PMJC SAS and the designer [W] [X], [M] [X] and [X] Créative SAS, his heirs and a related company, concerning the use of trade marks corresponding to the designer’s surname in such a way as to make the public believe that he was still involved in the design of the goods bearing those marks. The Court held that EU law does not preclude the revocation of a trade mark consisting of a designer’s name where, having regard to all the relevant circumstances, the use made of that mark gives rise to actual deception or a sufficiently serious risk of deception as to the creative origin of the goods, even though the mere fact that the designer is no longer involved is not, in itself, sufficient. The CJEU emphasised that the assessment must focus on the perception of the average consumer, that creative origin may constitute a relevant product characteristic capable of misleading the public, and that trade mark protection cannot be used as an unfair instrument to attract consumers by fostering a false belief as to the designer’s involvement.

Royalties Charged by Copyright Collecting Societies Must Reflect Hotel Room Occupancy to Avoid Unfair Prices under Article 102 TFEU

On 18 December 2025, the CJEU clarified the interpretation of Article 102(a) TFEU in a case concerning the calculation of copyright royalties by a collective management organisation in a dominant position. The case (C-161/24), referred by the Krajský soud v Brně (Czech Republic), arose from proceedings between OSA, z.s., a copyright collective management organisation, and the Czech competition authority concerning fines imposed for charging hotel establishments royalties calculated without taking account of room occupancy rates. The Court held that EU law does not preclude finding an abuse of dominant position where royalties are calculated on a flat-rate basis that ignores actual or foreseeable occupancy, since the economic value of the licence depends on the scope of actual use, and such a method may lead to unfair prices within the meaning of Article 102(a) TFEU. The CJEU emphasised that the assessment must consider all relevant circumstances, including the feasibility of taking occupancy into account, that no proof of direct consumer harm is required where the practice is capable of impairing the competitive structure, and that an appreciable effect on trade between Member States may be established where the collecting society also manages the rights of foreign rightholders, thereby potentially affecting consumers and market conditions beyond the national level.

Review of the case law of the Court of Justice of the European Union: November 2025

Jurisprudência

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.