Three years ago, Nintendo was taken to court over the inability to cancel pre-orders on the eShop, particularly regarding Switch. While the case was won in Nintendo’s favour a year later, the ruling has been appealed. The appeal court has now determined that the company is in breach of law within Europe and that Nintendo claim of being in an “untenable” position given by stating “performance” has begun at the time of payment is not accurate and “performance” doesn’t start until the game is actually playable.
Nintendo has been given a cease and desist letter stating that the company must stop this unlawful practice or face fines of €250,000 per infringement or a prison sentence for the Nintendo of Europe leadership. Nintendo has already accepted the decision and has already been implementing a system in which pre-orders can be refunded through the eShop or on Nintendo’s website. That said, it remains to be seen if the court decision will cause further changes.
Lastly, while the legal order originated in Norway, the policy is in effect and will be enforced throughout Europe based on consumer law in the EU region, meaning this is not limited to a single country..