# C_2017392EN.01001301.xml

| 20.11.2017 | EN | Official Journal of the European Union | C 392/13 |
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20.11.2017

EN

Official Journal of the European Union

C 392/13

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Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 10 August 2017 — Verbraucherzentrale Berlin e.V. v Unimatic Vertriebs GmbH

(Case C-485/17)

(2017/C 392/17)

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Verbraucherzentrale Berlin e.V.

Applicant:

Defendant: Unimatic Vertriebs GmbH

Defendant:

Questions referred

Questions referred

| 1. | Does a trade fair stand in a hall which is used by a trader for the purpose of selling his products during a trade fair taking place for a few days each year constitute immovable retail premises within the meaning of Article 2(9)(a) of Directive 2011/83/EU (1) or movable retail premises within the meaning of Article 2(9)(b) of Directive 2011/83/EU? |
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1.

Does a trade fair stand in a hall which is used by a trader for the purpose of selling his products during a trade fair taking place for a few days each year constitute immovable retail premises within the meaning of Article 2(9)(a) of Directive 2011/83/EU (1) or movable retail premises within the meaning of Article 2(9)(b) of Directive 2011/83/EU?

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| 2. | If it constitutes movable retail premises:
  Is the question whether a trader carries out his activity ‘on a usual basis’ on trade fair stands to be answered by reference to






  (a) | how the trader organises his activity or |
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2.

If it constitutes movable retail premises:

Is the question whether a trader carries out his activity ‘on a usual basis’ on trade fair stands to be answered by reference to

(a)

how the trader organises his activity or

| (b) | whether the consumer can expect to conclude a contract for the goods concerned at the trade fair in question? |
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(b)

whether the consumer can expect to conclude a contract for the goods concerned at the trade fair in question?

| 3. | If, in the answer to the second question, the perspective of the consumer is relevant (Question 2(b)):
  In connection with the question whether the consumer can expect to conclude a contract for the goods concerned at the trade fair in question, must regard be had to how the trade fair is presented to the public or to how the trade fair actually appears to the consumer when he makes the contractual declaration? |
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3.

If, in the answer to the second question, the perspective of the consumer is relevant (Question 2(b)):

In connection with the question whether the consumer can expect to conclude a contract for the goods concerned at the trade fair in question, must regard be had to how the trade fair is presented to the public or to how the trade fair actually appears to the consumer when he makes the contractual declaration?

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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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