This clause is used by many banks and savings banks. For example, the Sparkasse Regensburg or Audi-Bank also uses such a clause.
So if your real estate financing, car leasing or financing contract also contains such a clause on the revocation period, contact a specialist lawyer for this purpose.
Specifically, the ECJ complained that it was not clear to the consumer when the withdrawal period would begin. For this, the consumer must get an overview of whether he has received the mandatory information in accordance with Section 492 (2) BGB. However, a look at section 492 (2) BGB alone does not help the consumer, since this provision refers to other provisions outside the BGB, namely Art. 247 sections 6 to 13 EGBGB. If the consumer was able to find (and also understand) these regulations, he will have to state, however, that these regulations refer to the regulations of the German Civil Code - a so-called "cascade reference".
The CJEU has now determined that with such an opaque chain of references, it is not clear to the consumer when all the mandatory information has actually been fulfilled and the 14-day revocation period begins to run. According to the CJEU, it is therefore not sufficient to refer to legal provisions in the cancellation policy that define the rights and obligations of the contracting parties. As a result, there is no proper instruction for the consumer according to the EU directive, which requires a clear and concise form.
If you have any questions about the aforementioned ECJ decision, Gabler, Hendel and Kaltenegger at our offices in Regensburg and Landshut are available to you personally, otherwise by phone or e-mail.