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Source: European Parliament

Directive 2011/83/EU(1) regulates certain aspects of contracts concluded between traders and consumers across the Union, such as service contracts(2).

The directive does not apply to payment obligations that stem directly from the law and that do not have a contractual basis. The toll obligation, including the amount, conditions and provider, is laid down in the Austrian Federal Road Toll Act and delegated regulations . According to these national rules, failure to pay is sanctioned with administrative fines.

Under these circumstances, it appears that directive  2011/83/EU is, in principle, not applicable to the Austrian road toll vignette. H owever, it rests with the Austrian authorities to assess, taking into account national contract law, whether the relationship between the buyer of a vignette and the Federal Agency for Motorways and Expressways (AFSINAG) is based on a service contract within the meaning of Directive 2011/83/EU.

(1) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council on consumer rights, OJ L 154, 22.11.2011, p. 64.
(2) Under Article 2(6) of the directive, ‘service contract’ means any contract other than a sales contract under which the trader supplies or undertakes to supply a service to the consumer and the consumer pays or undertakes to pay the price thereof.

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