After a scintillating three-year saga of battling both Norway and Germany in federal courts, Nintendo has at last lost its legal battle in the EU over the ability to cancel eShop pre-orders.
The ordeal began with Norway’s Consumer Council sending a complaint in Germany (where Nintendo of Europe is located) about Nintendo refusing to allow cancellation of digital pre-orders, which is against EU consumer law. Nintendo actually won the initial decision last year, stating that the “performance” of a game began at time of purchase even if the game wasn’t out yet. The Appeals Court appears to have reversed that decision, stating “performance” doesn’t start until the game is actually playable.
Nintendo was immediately hit with a Cease and Desist order, stating that they need to implement a way to refund now or face drastic consequences (a €250,000 fine per infringement or actual jail time for the NoE heads). Nintendo has accepted the judgment and has already implemented a system for refunding pre-orders. While the order is for Norway, it applies to all of the EU due to the way their laws are structured.
Now with a click of the button either on the eShop or on Nintendo’s website you can refund a pre-order — assuming release is at least a week away (no word on how to get a refund in that window). It’s unclear whether this policy will apply to other regions eventually, though we can hope so — more flexibility for the consumer is almost always a good thing.
Via: Reddit
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Written by Amelia Fruzzetti
A writer and Nintendo fan based in Seattle, Washington. When not working for NinWire, she can be found eating pasta, writing stories, and wondering about when Mother 3 is finally going to get an official localization.
