Directive (EU) 2019/2161 (Omnibus)
Penalties for a missing withdrawal button - the EU Omnibus line (Directive (EU) 2019/2161) and national examples (France L.242-13, Ireland CCPC)
The penalty for the absence of a button
Last reviewed on
Breaching the withdrawal-button obligation is penalised in every member state. The EU Omnibus Directive (EU) 2019/2161 backs fines of up to 4% of turnover for widespread breaches. National examples differ: in Ireland, the CCPC can pursue fines up to €60,000 (Consumer Rights Act 2022); in France, an administrative fine up to €15,000 (natural person) / €75,000 (legal entity) under article L.242-13.
The rule - and France's article L.242-13
Enforcement of consumer law is harmonised at EU level by the Omnibus Directive (EU) 2019/2161, which requires effective, proportionate and dissuasive penalties and, for widespread cross-border breaches, fines of at least 4% of the trader's annual turnover. Each member state then sets its own regime. France, in article L.242-13 of the Code de la consommation, punishes the absence of the online withdrawal functionality with an administrative fine up to €15,000 for a natural person and €75,000 for a legal entity, imposed by its consumer-protection authority (DGCCRF). Ireland empowers the CCPC to pursue fines up to €60,000 under the Consumer Rights Act 2022.
A synthesis faithful to the EU text and to France's transposition. Primary source: Directive (EU) 2019/2161 (Omnibus) on EUR-Lex. France's transposition, article L.242-13, in full: the French transposition on Legifrance
In plain language
Penalties are the punitive side of the button obligation. The EU floor comes from the Omnibus Directive (EU) 2019/2161: for widespread breaches, member states must allow fines of at least 4% of annual turnover, on top of the civil sanction (the 12-month extension, Directive 2011/83/EU art. 10).
The amounts differ by country. In Ireland - the reader's example - the Competition and Consumer Protection Commission (CCPC) can pursue fines up to €60,000 (Consumer Rights Act 2022). In France, article L.242-13 sets a ceiling of €15,000 for a sole trader and €75,000 for a company, imposed by the French regulator (DGCCRF), usually after a formal notice.
In practice, regulators across the EU tend to act first by formal notice: a trader who puts things right within the time allowed usually avoids the fine. The sanction may also be published ("name and shame"), whose reputational effect often outweighs the amount.
Key takeaways
- EU floor: fines up to 4% of turnover for widespread breaches (Omnibus Directive (EU) 2019/2161).
- Ireland (reader's example): up to €60,000, pursued by the CCPC (Consumer Rights Act 2022).
- France (one example): up to €15,000 (natural person) / €75,000 (legal entity), art. L.242-13, DGCCRF.
- Regulators usually give a formal notice first; putting things right avoids the fine. Can combine with the 12-month civil extension.
Going further
This page is an educational synthesis and does not constitute legal advice. The law that applies is that of the consumer's own country (Rome I Regulation). The reference texts carry authority: the EU directive on EUR-Lex and France's transposition on Legifrance.