# C_2017347EN.01000901.xml

| 16.10.2017 | EN | Official Journal of the European Union | C 347/9 |
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16.10.2017

EN

Official Journal of the European Union

C 347/9

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Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 17 July 2017 — Walbusch Walter Busch GmbH & Co. KG v Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV

(Case C-430/17)

(2017/C 347/09)

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Appellant on a point of law: Walbusch Walter Busch GmbH & Co. KG

Appellant on a point of law:

Respondent in the appeal on a point of law: Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV

Respondent in the appeal on a point of law:

Questions referred

Questions referred

| 1. | For the purposes of applying Article 8(4) of Directive 2011/83/EU, (1) does the answer to the question whether a means of distance communication (in this instance, an advertising leaflet containing a mail order coupon) allows limited space or time to display information depend on whether






  (a) | (in the abstract) the means of distance communication allows only limited space or time by its very nature
  or |
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1.

For the purposes of applying Article 8(4) of Directive 2011/83/EU, (1) does the answer to the question whether a means of distance communication (in this instance, an advertising leaflet containing a mail order coupon) allows limited space or time to display information depend on whether

1

(a)

(in the abstract) the means of distance communication allows only limited space or time by its very nature

or

| (b) | (in the particular case) it offers limited space or time in the design selected for it by the trader? |
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(b)

(in the particular case) it offers limited space or time in the design selected for it by the trader?

| 2. | Is it compatible with Article 8(4) and Article 6(1)(h) of Directive 2011/83/EU for information on the right of withdrawal to be restricted to an indication of the existence of a right of withdrawal, in the case, as provided for in Article 8(4) of Directive 2011/83/EU, where there is limited scope for displaying that information? |
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2.

Is it compatible with Article 8(4) and Article 6(1)(h) of Directive 2011/83/EU for information on the right of withdrawal to be restricted to an indication of the existence of a right of withdrawal, in the case, as provided for in Article 8(4) of Directive 2011/83/EU, where there is limited scope for displaying that information?

| 3. | Do Article 8(4) and Article 6(1)(h) of Directive 2011/83/EU make it a mandatory requirement in all cases, including in the case where there is limited scope for displaying information, for the model withdrawal form set out in Annex I(B) to Directive 2011/83/EU to be attached to the means of distance communication before a distance contract is concluded? |
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3.

Do Article 8(4) and Article 6(1)(h) of Directive 2011/83/EU make it a mandatory requirement in all cases, including in the case where there is limited scope for displaying information, for the model withdrawal form set out in Annex I(B) to Directive 2011/83/EU to be attached to the means of distance communication before a distance contract is concluded?

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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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