The consumer concluded a contract with the trader for the renovation of the electrical installations in his house. It being an off-premises contract, under the domestic legislation implementing Directive 2011/83/EU the consumer had a right of withdrawal from the contract. The trader did not comply with the obligation under the domestic provision implementing article 6 of the Directive to provide the consumer with information about that right, with the result that the consumer was not bound by the contract. The trader did the work agreed, but the consumer refused to pay its invoice and withdrew from the contract. The assignee of the trader’s rights under the contract brought a claim before the referring court seeking payment of the contract price. Although article 14(5) of the Directive provided that the consumer could not incur any liability as a consequence of the exercise of the right of withdrawal, the referring court was uncertain whether it precluded any entitlement to make payment where the consumer had had the benefit of performance of the contract. Accordingly, it stayed the proceedings and referred a question to the Court of Justice of the European Union for a preliminary ruling as to the interpretation of article 14(5).

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