obligation of suppliers to place only safe products on the market (Art. 7 para 1) following the concept of safe products185 in the context of a high level of protection of people’s health and safety (Art. 7 para 3). Suppliers are required to comply with EU law, international health and safety standards, EU recommendations on product safety assessment and codes of good practice and conduct applicable to each specific product and goods sector, as well as existing technical and safety knowledge that consumers can reasonably expect (Art. 7 para 5)186. It is provided that products which, when used under normal conditions, present or may present serious risks to the safety and health of consumers shall be recalled, withdrawn, or prevented from being placed on the market as a precautionary measure, by the competent authority in each case, the procedure, conditions, and requirements for recall, withdrawal, conditional release, destruction, and, in general, the fate of these products shall be regulated by a decision of the Minister of Development or a joint ministerial decision (Art. 7 para 6). 8.5.4.2. Contracts concluded Off-premises and Distance Contracts Although in most cases, a catering contract has also elements of a contract for service187, and consumers generally have a 14-day right of withdrawal if the contract was concluded outside of business premises or via means of distance communication (e.g. online booking)188, however, the right of withdrawal 185 Cf. supra n. 120. See General Product Safety - Harmonization with the Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, OJ L 11, 15.01.2002, pp. 4-17 (date of end of validity: 12.12.2024), repealed by Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC, OJ L 135, pp. 1-51, Art. 5, 6 para 1 lit. e), 7 para 1, 6 para 1 lit. b), c), and 3 lit. 1, 2, also recitals 2, 11, 104 of the Preamble. 186 Art. 7 supplements the legal framework on product strict liability (see infra n. 208) by imposing a general obligation on suppliers to place only safe products on the market. The importance of the provision emerges when there are no specific provisions for the safety of specific products in force. The violation of these obligations (Art. 7 para 1) on behalf of suppliers to place only safe products on the market (mandatory rule of law) constitutes the condition of illegality for the affirmation of the tortious liability of the product supplier. For tortious liability compare supra n. 93 and infra n. 208; see Art. 914 GCC, compare §§ 823 et seq. BGB, Art. 41 I OR, Art. 1294-1295 ABGB, Art. 1240 (ex-Art. 1382) cc, Art. 2043 et seq. CC. 187 Supra n. 52, 55, 62, 63. Service contracts must be distinguished from contracts for the sale of goods or digital content. The focus of the service is decisive for the distinction. From an economic perspective, a service is an intangible good. At the center of this good is the provision of the service. Compare Meinrad Dreher, Die Versicherung als Rechtsprodukt. Die Privatversicherung und ihre rechtliche Gestaltung, Mohr Siebeck: Tübingen, 1991 (passim). 188 A right of cancellation therefore also exists in principle for service contracts that are concluded by means of distance selling. In online retail, streaming services and clouds are an example of services. See Art. 2 para 7 [“(7) ‘distance contract’ means any contract concluded between the trader and the consumer under an organised distance sale or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded”]; compare 100 APOSTOLOS TASSIKAS
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