# C_2021035EN.01003301.xml

| 1.2.2021 | EN | Official Journal of the European Union | C 35/33 |
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1.2.2021

EN

Official Journal of the European Union

C 35/33

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Request for a preliminary ruling from the Markkinaoikeus (Finland) lodged on 12 November 2020 — Kuluttaja-asiamies v MiGame Oy

(Case C-594/20)

(2021/C 35/45)

Language of the case: Finnish

Referring court

Markkinaoikeus

Parties to the main proceedings

Applicant: Kuluttaja-asiamies

Defendant: MiGame Oy

Questions referred

| 1. | Is the first paragraph of Article 21 of Directive 2011/83/EU (1) of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council to be interpreted as precluding a trader from providing, in addition to a telephone number charged at no more than the basic rate, a telephone number which the consumer may use for matters relating to a contract previously concluded and for the use of which a price exceeding the basic rate is charged, and, furthermore, in the event that the provision of a telephone number that charges a rate exceeding the basic rate is deemed to be compatible with Article 21 in certain circumstances, are the factors of, for example, whether it is easy to find the telephone number subject to the basic rate, whether the intended purpose of the telephone numbers is specified with sufficient clarity and whether there are significant differences in the availability or level of customer service relevant to the assessment? |
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1.

Is the first paragraph of Article 21 of Directive 2011/83/EU (1) of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council to be interpreted as precluding a trader from providing, in addition to a telephone number charged at no more than the basic rate, a telephone number which the consumer may use for matters relating to a contract previously concluded and for the use of which a price exceeding the basic rate is charged, and, furthermore, in the event that the provision of a telephone number that charges a rate exceeding the basic rate is deemed to be compatible with Article 21 in certain circumstances, are the factors of, for example, whether it is easy to find the telephone number subject to the basic rate, whether the intended purpose of the telephone numbers is specified with sufficient clarity and whether there are significant differences in the availability or level of customer service relevant to the assessment?

| 2. | Must the concept of ‘basic rate’ under Article 21 of Directive 2011/83/EU be interpreted as meaning that a trader may provide, as a customer service number for matters relating to a contract concluded previously, only a standard geographic landline or mobile telephone line or a number that is free of charge for consumers, and, furthermore, in the event that the trader is permitted to provide another telephone number, what is the maximum amount that a consumer can be charged for the use of that telephone number if he has concluded a telephone contract as a package deal? |
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2.

Must the concept of ‘basic rate’ under Article 21 of Directive 2011/83/EU be interpreted as meaning that a trader may provide, as a customer service number for matters relating to a contract concluded previously, only a standard geographic landline or mobile telephone line or a number that is free of charge for consumers, and, furthermore, in the event that the trader is permitted to provide another telephone number, what is the maximum amount that a consumer can be charged for the use of that telephone number if he has concluded a telephone contract as a package deal?

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(1)  Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ 2011 L 304, p. 64).

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