LEGAL NEWS IN THE SPOTLIGHT | The CJEU on the right of withdrawal for streaming subscription services

On 9 July 2026, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-234/25 (Sky Österreich Fernsehen GmbH v Verein für Konsumenteninformation), clarifying the definition of “streaming services” under Directive (EU) No. 83 of 25 October 2011 on consumer rights, and its implications for consumers’ right of withdrawal. The case concerned Sky Österreich’s “Sport & Live TV” and “Fiction & Live TV” streaming subscriptions, whose terms required consumers to agree that performance would begin before the expiry of the 14-day withdrawal period, resulting in the loss of that right. The CJEU was asked whether such subscriptions constitute the supply of digital content or a digital service, since the applicable withdrawal regime differs significantly. The CJUE held that the technical means of delivery, including streaming, and the continuous supply of content are not decisive. Rather, the distinction depends on the nature of the trader’s offering and, in particular, on the degree of the trader’s involvement in supplying the digital data. A service qualifies as a digital service where the trader provides a dynamic offering that goes beyond the mere provision of specific content, for example by continuously updating the service or adapting it to users’ behaviour through personalised recommendations, playlists, favourites or similar features. In the present case, and subject to verification by the Austrian Supreme Court, the CJEU considered that Sky Österreich’s streaming service must be classified as a digital service, given the dynamic nature of the offering. Consequently, consumers cannot lose their 14-day right of withdrawal merely because they have started using the service. At the same time, the CJEU confirmed that traders remain entitled to appropriate compensation where consumers expressly request performance during the withdrawal period and subsequently exercise their right of withdrawal.

Newsletter n. 120 – July 2026