VOLATILITATEA FORMALISMULUI INFORMATIV INTERCONECTAT FORMĂRII ONLINE A CONTRACTELOR BUSSINESS-TO-CONSUMER: COMENTARIU ASUPRA DECIZIEI CJUE ÎN CAUZA C‑249/21
THE VOLATILITY OF INFORMATIVE FORMALISM INTERCONNECTED TO THE ONLINE FORMATION OF BUSINESS TO CONSUMER CONTRACTS: COMMENTARY ON THE DECISION OF THE CJUE IN CASE C‑249/21

Summary/Abstract: The paper approaches the problematics of informative formalism and of the performing of the obligation of transparency incumbent on professionals in relations with consumers, by referring to contracts concluded at a distance in digital format, especially with regard to the question whether a mention displayed on the order button or on a similar digital function, such as „complete booking”, is equivalent to „order involving an obligation to pay”; the insertion of the last mention is mandatory in the case of contracts formed online, based on the provisions of art. 8, para. (2), second thesis of Directive 2011/83/EU on consumer rights, as previously amended. We will address, in this commentary, the theoretical and practical coordinates that can be discerned from the decision of the C.J.E.U. pronounced in case C-249/21 regarding the imbricating aspects between the informative formalism and the performing of the transparency obligation in the precontractual stage: by activating a button or a similar function, the consumer should deduce from the circumstances of the online contracting process that an obligation to pay is undertaken, moving on to the stage of binding contractual effects, in a context in which the mention displayed on the active button for placing the online order should allow the consumer to identify the legal consequences of placing the order/accepting the offer made by professional seller/service provider.

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