Source: European Parliament
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.|