# C_2010113EN.01003502.xml

| 1.5.2010 | EN | Official Journal of the European Union | C 113/35 |
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1.5.2010

EN

Official Journal of the European Union

C 113/35

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Reference for a preliminary ruling from the Marknadsdomstolen (Sweden) lodged on 8 March 2010 — Konsumentombudsmannen (KO) v Ving Sverige AB

(Case C-122/10)

2010/C 113/55

Language of the case: Swedish

Referring court

Referring court

Marknadsdomstolen

Parties to the main proceedings

Parties to the main proceedings

Applicant: Konsumentombudsmannen (KO)

Applicant:

Defendant: Ving Sverige AB

Defendant:

Questions referred

Questions referred

| 1. | Is the requirement ‘thereby enables the consumer to make a purchase’ in Article 2(i) of 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 (1) to be interpreted as meaning that an invitation to purchase exists as soon as information on the advertised product and its price is available so that the consumer may make a decision to purchase, or is it necessary that the commercial communication also offer an actual opportunity to purchase the product (e.g. an order form) or that there be access to such an opportunity (e.g. an advertisement outside a shop)? |
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1.

Is the requirement ‘thereby enables the consumer to make a purchase’ in Article 2(i) of 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 (1) to be interpreted as meaning that an invitation to purchase exists as soon as information on the advertised product and its price is available so that the consumer may make a decision to purchase, or is it necessary that the commercial communication also offer an actual opportunity to purchase the product (e.g. an order form) or that there be access to such an opportunity (e.g. an advertisement outside a shop)?

1

| 2. | If the answer to the above question is that it is necessary that there be an actual opportunity to purchase the product, is that to be regarded as existing if the commercial communication refers to a telephone number or website where the product can be ordered? |
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2.

If the answer to the above question is that it is necessary that there be an actual opportunity to purchase the product, is that to be regarded as existing if the commercial communication refers to a telephone number or website where the product can be ordered?

| 3. | Is Article 2(i) of Directive 2005/29 to be interpreted as meaning that the requirement for a price is met if the commercial communication contains an entry-level price, that is to say, the lowest price for which the advertised product or category of products can be bought at the same time as the advertised product or category of products are available in other versions or with other content at prices which are not stated? |
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3.

Is Article 2(i) of Directive 2005/29 to be interpreted as meaning that the requirement for a price is met if the commercial communication contains an entry-level price, that is to say, the lowest price for which the advertised product or category of products can be bought at the same time as the advertised product or category of products are available in other versions or with other content at prices which are not stated?

| 4. | Is Article 2(i) of Directive 2005/29 to be interpreted as meaning that the requirement concerning a product’s characteristics is met as soon as there is a verbal or visual reference to the product, (2) that is to say, so that the product is identified but not further described? |
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4.

Is Article 2(i) of Directive 2005/29 to be interpreted as meaning that the requirement concerning a product’s characteristics is met as soon as there is a verbal or visual reference to the product, (2) that is to say, so that the product is identified but not further described?

2

| 5. | If the answer to the above question is affirmative, does that also apply where the advertised product is offered in many versions, but the commercial communication refers to them only by a common designation? |
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5.

If the answer to the above question is affirmative, does that also apply where the advertised product is offered in many versions, but the commercial communication refers to them only by a common designation?

| 6. | If there is an invitation to purchase, is Article 7(4)(a) to be interpreted as meaning that it is sufficient for only certain of a product’s main characteristics to be given and for the trader to refer in addition to its website, on the condition that on that site there is essential information on the product’s main characteristics, price and other terms in accordance with the requirement in Article 7(4)? |
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6.

If there is an invitation to purchase, is Article 7(4)(a) to be interpreted as meaning that it is sufficient for only certain of a product’s main characteristics to be given and for the trader to refer in addition to its website, on the condition that on that site there is essential information on the product’s main characteristics, price and other terms in accordance with the requirement in Article 7(4)?

| 7. | Is Article 7(4)(c) to be interpreted as meaning that it is sufficient to give an entry-level price for the price requirement to be met? |
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7.

Is Article 7(4)(c) to be interpreted as meaning that it is sufficient to give an entry-level price for the price requirement to be met?

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(1)  OJ 2005 L 149, p. 22.

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(2)  Commission staff working document ‘Guidance on the implementation/application of directive 2005/29/EC on unfair commercial practices’, p. 47f.

2

Guidance on the implementation/application of directive 2005/29/EC on unfair commercial practices

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