The court of justice in Frankfurt has decided to overturn his judgment with regard to the regulation of refunds within the Nintendo eShop, the digital delivery platform of Great N, ending an epic that lasted 3 years.
The dispute started in 2018, when the Norway's Consumer Rights Council and the German Consumer Protection Authority (for friends VZBV) sued the Japanese company for having violated the rights of consumers through its policies, which provided for a full refund of a game's pre-order up to 7 days before its release. The case was later handed over to the German court, who defended Nintendo's attorneys as and defined these policies Legal.
However, the VZBV managed to request an appeal and postpone the trial. In its indictment, the VZBV claims that a pre-downloaded but inactive title has no value to the end user, thus going to invalidate them terms and conditions by Nintendo. The judge then decided that, in light of these facts, the European regulations on refunds cannot be applied to digital games and requested Nintendo to review its policies, granting the player a full refund on the pre-order of a product up to on day one of the latter.
It is not yet clear, however, whether these new regulations will be applied across Europe and other regions of the world.