# C_2016402EN.01001001.xml

| 31.10.2016 | EN | Official Journal of the European Union | C 402/10 |
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31.10.2016

EN

Official Journal of the European Union

C 402/10

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Judgment of the Court (Eighth Chamber) of 7 September 2016 (request for a preliminary ruling from the Cour de cassation — France) — Vincent Deroo-Blanquart v Sony Europe Limited, successor in law to Sony France SA

(Case C-310/15) (1)

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((Reference for a preliminary ruling - Consumer protection - Unfair commercial practices - Directive 2005/29/EC - Articles 5 and 7 - Combined offer - Sale of a computer equipped with pre-installed software - Material information relating to the price - Misleading omission - Consumer unable to obtain the same model of computer not equipped with software))

(2016/C 402/12)

Language of the case: French

Referring court

Referring court

Cour de cassation

Parties to the main proceedings

Parties to the main proceedings

Applicant: Vincent Deroo-Blanquart

Applicant:

Defendant: Sony Europe Limited, successor in law to Sony France SA

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | A commercial practice consisting of the sale of a computer equipped with pre-installed software without any option for the consumer to purchase the same model of computer not equipped with pre-installed software does not in itself constitute an unfair commercial practice within the meaning of Article 5(2) 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 (‘Unfair Commercial Practices Directive’), unless such a practice is contrary to the requirements of professional diligence and materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product, a matter which is for the national court to determine by taking account of the specific circumstances of the case in the main proceedings. |
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1.

A commercial practice consisting of the sale of a computer equipped with pre-installed software without any option for the consumer to purchase the same model of computer not equipped with pre-installed software does not in itself constitute an unfair commercial practice within the meaning of Article 5(2) 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 (‘Unfair Commercial Practices Directive’), unless such a practice is contrary to the requirements of professional diligence and materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product, a matter which is for the national court to determine by taking account of the specific circumstances of the case in the main proceedings.

| 2. | In the context of a combined offer consisting of the sale of a computer equipped with pre-installed software, the failure to indicate the price of each of those items of pre-installed software does not constitute a misleading commercial practice within the meaning of Article 5(4)(a) and Article 7 of Directive 2005/29. |
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2.

In the context of a combined offer consisting of the sale of a computer equipped with pre-installed software, the failure to indicate the price of each of those items of pre-installed software does not constitute a misleading commercial practice within the meaning of Article 5(4)(a) and Article 7 of Directive 2005/29.

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(1)  OJ C 294, 7.9.2015.

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