service195. According to the wording of the Directive196 deliveries of goods in particular are covered (movable goods, including food and drinks), whereby according to the legal definitions, it does not matter whether the item is tradable197. Furthermore, in the case of online booking of a catering contract the question arises as to whether it applies not only to contracts between the consumer and supplier (e.g. restauranteur), but also to contracts with intermediaries of events (e.g. online platforms): this is the case, but only on condition that the supplier (restauranteur) has contractually undertaken to indemnify the intermediary from any liability198. Since the distance (digital) contract’s right of (not) withdrawal should not apply to contracts for entertainment services, another question arises as to why distance contract provisions should apply to services where the trader is dependent on the consumer cooperating with them: it would be difficult to provide an objective justification for imposing the obligations of distance contact under the special law on, for example, a hairdresser, who, like, let’s say, the theatre operator, only has a limited capacity of seats available, but not on the operator of the cinema or theatre199. Greek law provisions are (partly) in line with the above exceptions, following the transposition of the said Directive for contracts for the supply of food and drink200, i.e. in situations where the consumer makes a phone reservation in a restaurant or uses a catering service on a specific date. The decisive difference between the area exceptions is the time factor201: on the one hand exceptions require delivery at a specific time or within a specific period, on the other hand 195 See the “negative” definition (in the form of a distinction from the sale), Art. 2 Nr. 6 of the Directive 2011/83/ EU (supra n. 119), according to which: “‘service contract’ means any contract other than a sales contract under which the trader supplies or undertakes to supply a service, including a digital service, to the consumer”). 196 See recitals 13, 36, 51, 52, 55 and Art. 8(7), Art. 9(2) b ii) iii) of Directive 2011/83/EU (supra n. 119). 197 See in Art. 2 (3) [“‘goods’ means any tangible movable items”] and (4) [“goods made to the consumer’s specifications’ means non-prefabricated goods made on the basis of an individual choice of or decision by the consumer”] under Directive 2011/83/EU (supra n. 119); compare Paphael Koch, Erman BGB, Kommentar, 17th ed., 2023, § 312g BGB, N 15 et seq., 16. 198 Niko Härting, Internetrecht, 8. Aufl. 2025, Kap. E. Fernabsatzrecht, Rn. E.171 et seq., Rn. E.198 - E.199, on the exception of § 312g para 2 section 1 Nr. 9 BGB, comparable to Art. 16 lit. l) of the Directive 2011/83/EU (supra n. 119) in the case of contract of leisure activities on the one hand between the organizer and on the other hand the customer or the customer and the intermediary of the event. 199 Gregor Thüsing, in Carsten Herresthal (ed.), Staudinger BGB (2024), Otto Schmidt: Köln, § 312g N. 58; see also Christiane Wendehorst, in Münchener Kommentar BGB, 8. Aufl., 2019, § 312g Rn. 44, on ECJ, judgment of 10.03.2005, C-336/03. 200 See Art. 16 para 1 lit. a), b), c), d), e), f), g), l), Art. 10 and recital 49 of the Directive 2011/83/EU (supra n. 119). 201 Thüsing, (supra n. 119) § 312g N. 62 (on the difference between § 312g para 2 lit. 9 BGB and § 312 para 2 lit. 8 BGB). 102 APOSTOLOS TASSIKAS
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