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Case Details

Case Details
National ID C 49/11
Member State European Union
Common Name Content Services Ltd v Bundesarbeitskammer
Decision type Other
Decision date 05/07/2012
Court European Court of Justice
Subject
Plaintiff
Defendant
Keywords

Distance Selling Directive, Article 5, 1.

This reference for a preliminary ruling concerns the interpretation of Article 5(1) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ 1997 L 144, p. 19).

The reference has been made in proceedings between Content Services Ltd (‘Content Services’) and the Bundesarbeitskammer (Federal Chamber of Labour) concerning the form in which a consumer who has concluded a distance contract via the internet must receive information relating to the contract.
Article 5(1) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts must be interpreted as meaning that a business practice consisting of making the information referred to in that provision accessible to the consumer only via a hyperlink on a website of the undertaking concerned does not meet the requirements of that provision, since that information is neither ‘given’ by that undertaking nor ‘received’ by the consumer, within the meaning of that provision, and a website such as that at issue in the main proceedings cannot be regarded as a ‘durable medium’ within the meaning of Article 5(1).
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