# C_2018328EN.01000801.xml

| 17.9.2018 | EN | Official Journal of the European Union | C 328/8 |
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17.9.2018

EN

Official Journal of the European Union

C 328/8

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Judgment of the Court (Fourth Chamber) of 25 July 2018 (request for a preliminary ruling from the rechtbank van koophandel te Antwerpen — Belgium) — Dyson Ltd, Dyson BV v BSH Home Appliances NV

(Case C-632/16) (1)

((Reference for a preliminary ruling - Retail of vacuum cleaners - Energy class label - Directive 2010/30/EU - Delegated Regulation (EU) No 665/2013 - Vacuum cleaners - Display of other symbols - Unfair commercial practices - Consumer protection - Directive 2005/29/EC - Article 7 - Failure to state the conditions under which energy efficiency is measured - Misleading omission))

(2018/C 328/08)

Language of the case: Dutch

Referring court

Rechtbank van koophandel te Antwerpen

Parties to the main proceedings

Applicants: Dyson Ltd, Dyson BV

Defendant: BSH Home Appliances NV

Operative part of the judgment

| 1. | Article 7 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 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 must be interpreted as meaning that the act of not providing consumers with information on the testing conditions that resulted in the energy classification indicated on the label relating to the energy class of vacuum cleaners, the model of which is shown in Annex II to Commission Delegated Regulation (EU) No 665/2013 of 3 May 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of vacuum cleaners does not constitute a ‘misleading omission’ within the meaning of that provision. |
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1.

Article 7 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 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 must be interpreted as meaning that the act of not providing consumers with information on the testing conditions that resulted in the energy classification indicated on the label relating to the energy class of vacuum cleaners, the model of which is shown in Annex II to Commission Delegated Regulation (EU) No 665/2013 of 3 May 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of vacuum cleaners does not constitute a ‘misleading omission’ within the meaning of that provision.

| 2. | Delegated Regulation No 665/2013, read in the light of Article 3(1)(b) of Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products, must be interpreted as meaning that it prohibits the display, in a place other than the label relating to the energy class of vacuum cleaners, the model of which is shown in Annex II to Delegated Regulation No 665/2013, of labels or symbols recalling the information contained on that energy label, if such display is likely to mislead or confuse end-users with respect to the consumption of energy of the vacuum cleaner marketed at retail at issue during its use, which is for the referring court to verify, in view of all the relevant factors and having regard to the perception of the average end-user, who is reasonably well-informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors. |
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2.

Delegated Regulation No 665/2013, read in the light of Article 3(1)(b) of Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products, must be interpreted as meaning that it prohibits the display, in a place other than the label relating to the energy class of vacuum cleaners, the model of which is shown in Annex II to Delegated Regulation No 665/2013, of labels or symbols recalling the information contained on that energy label, if such display is likely to mislead or confuse end-users with respect to the consumption of energy of the vacuum cleaner marketed at retail at issue during its use, which is for the referring court to verify, in view of all the relevant factors and having regard to the perception of the average end-user, who is reasonably well-informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors.

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(1)  OJ C 78, 13.3.2017.

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