62 Draft proposal for a Directive on consumer contractual rights

The Green Paper on the review of the consumer acquis has now been followed by the publication of a draft proposal for a ‘horizontal’ directive.44. In its present form, however, and perhaps for reasons of timing, the latter does not make any explicit use of the DCFR. Whereas terminology and drafting style are rather different, there are nevertheless some characteristic similarities with regard to substance. For instance, both the DCFR and the draft horizontal directive propose general rules on pre-contractual information duties or withdrawal rights, which are different in detail but follow the same basic ideas. One such idea is that, in general, a right of withdrawal and the corresponding information duties should apply to all types of contracts negotiated away from business premises (the draft horizontal directive calls them ‘distance and off-premises contracts’), except under clearly defined circumstances, which can be easily proved. It will have to be seen what use will be made of the DCFR or a possible political CFR in later stages of the elaboration of the directive.