# C_2016243EN.01001502.xml

| 4.7.2016 | EN | Official Journal of the European Union | C 243/15 |
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4.7.2016

EN

Official Journal of the European Union

C 243/15

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Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 14 March 2016 — Verband Sozialer Wettbewerb e.V. v DHL Paket GmbH

(Case C-146/16)

(2016/C 243/16)

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant and appellant on a point of law: Verband Sozialer Wettbewerb e.V.

Applicant and appellant on a point of law:

Defendant and respondent: DHL Paket GmbH

Defendant and respondent:

Questions referred

Questions referred

| 1. | Must the information concerning the geographical address and identity of the trader, within the meaning of Article 7(4)(b) of Directive 2005/29/EC, (1) appear in advertising material for specific products which appears in a print medium, even if consumers obtain the advertised products exclusively via a website of the trader who publishes the advertisement, and which is indicated in the advertisement, and consumers can easily obtain the information required by Article 7(4) of the Directive on or via that website? |
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1.

Must the information concerning the geographical address and identity of the trader, within the meaning of Article 7(4)(b) of Directive 2005/29/EC, (1) appear in advertising material for specific products which appears in a print medium, even if consumers obtain the advertised products exclusively via a website of the trader who publishes the advertisement, and which is indicated in the advertisement, and consumers can easily obtain the information required by Article 7(4) of the Directive on or via that website?

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| 2. | Does the answer to Question 1 depend on whether the undertaking advertising in the print medium is advertising sales of its own products and refers directly to its own website for the information required by Article 7(4) of Directive 2005/29/EC, or whether the advertising relates to products which are sold by other undertakings on an internet platform operated by the advertiser, and consumers are able to access the information set out in Article 7(4) of the Directive only through one or more steps (clicks) via links to the internet sites of those other undertakings which are made available only on the website specified in the advertisement? |
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2.

Does the answer to Question 1 depend on whether the undertaking advertising in the print medium is advertising sales of its own products and refers directly to its own website for the information required by Article 7(4) of Directive 2005/29/EC, or whether the advertising relates to products which are sold by other undertakings on an internet platform operated by the advertiser, and consumers are able to access the information set out in Article 7(4) of the Directive only through one or more steps (clicks) via links to the internet sites of those other undertakings which are made available only on the website specified in the advertisement?

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

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