Regarding the CJEU of 8 October 2020 (EU v. PE Digital GmbH): supply of digital services and right of withdrawal

Abstract

The commentary that is addressed analyzes the judgment of the CJEU of 8 October 2020 (Case EU v. PE Digital GmbH) which examines several preliminary questions relating to the exercise of the right of withdrawal on a contract for the provision of digital services concluded at a distance. Thus, the work affects the question relating to the nature of the contract for the supply of digital content and digital services and analyzes whether one of the performances of the contractual object can be considered as digital content according to the definition provided by Directive 2019/770 of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services. The following pages also focus on the consequence that the legal nature of the contract and of one of its performances has on the exercise of the consumer's right of withdrawal provided for in Directive 2011/83 on consumer rights.