Nintendo loses preorder refund case in Germany

The Higher Regional Court of Frankfurt has ruled against Nintendo in an appeal against a 2020 decision regarding its preorder policy. The original case against Nintendo began after it was accused of breaking Europe’s Consumer Rights Directive by not offering preorders.

In 2018 the Norwegian Consumer Council argued that the only possible exception to the Directive concerned digital content where the performance had begun. Since no performance had begun in any given preorder, Nintendo could receive no exception.