Case C-565/22, Sofatutor: Judgment of the Court (Seventh Chamber) of 5 October 2023 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Verein für Konsumenteninformation v ...

Official Journal of the European Union EN C series C/2023/734 20.11.2023 Judgment of the Court (Seventh Chamber) of 5 October 2023 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Verein für Konsumenteninformation v Sofatutor GmbH (Case C-565/22, (1) Sofatutor) (Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Consumer rights — Subscription of a consumer to an online learning platform — Automatic extension of the contract — Right of withdrawal) (C/2023/734) Language of the case: German Referring court Oberster Gerichtshof Parties to the main proceedings Appellant on a point of law: Verein für Konsumenteninformation Respondent in the appeal on a point of law: Sofatutor GmbH Operative part of the judgment Article 9(1) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, must be interpreted as meaning that the consumer’s right to withdraw from a distance contract is guaranteed only once in respect of a contract for the performance of services which provides for an initial free period for the consumer after which — unless the consumer terminates or withdraws from that contract during that period — payment is required for...