In February 2018, the Norwegian Consumer Council accused Nintendo of violating European law. As a rule, residents of the European Union can cancel a pre-order at any time.
However, Nintendo insists that users eShop waive this right by checking “I agree that Nintendo will begin to fulfill its obligations before the end of the cancellation period.” I acknowledge that I am thereby losing the right to cancel the order. ”
The Norwegian Consumer Council considers such conditions unlawful, since the seller cannot prohibit the cancellation of pre-orders before the game can be downloaded and launched. Since then, SPN has joined forces with the Federation of German Consumer Organizations to transfer the case to the Frankfurt Regional Court, which sided with Nintendo.
Representatives of the Japanese company mentioned as one of the arguments in defense of their client that after placing a pre-order, eShop users can start pre-loading the game (although sometimes it may take months before it can be launched).
