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Case Details

Case Details
National ID C-540/08
Member State European Union
Common Name Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co. KG v Österreich’-Zeitungsverlag GmbH
Decision type Other
Decision date 09/11/2010
Court European Court of Justice
Subject
Plaintiff
Defendant
Keywords

Distance Selling Directive, Article 1

The reference for a preliminary ruling concerns Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘the Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22; ‘the Directive’).

The reference was made in a dispute between two newspaper publishers, Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co. KG (‘Mediaprint’) and ‘Österreich’-Zeitungsverlag GmbH, concerning the lawfulness or otherwise of a sale with bonuses organised by the defendant in the main proceedings.
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘the Unfair Commercial Practices Directive’) must be interpreted as precluding a national provision, such as that at issue in the main proceedings, which lays down a general prohibition on sales with bonuses and is not only designed to protect consumers but also pursues other objectives;

The possibility of participating in a prize competition, linked to the purchase of a newspaper, does not constitute an unfair commercial practice within the meaning of Article 5(2) of Directive 2005/29, simply on the ground that, for at least some of the consumers concerned, that possibility of participating in a competition represents the factor which determines them to buy that newspaper.
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