Opinion of the Advocate General — ECLI:EU:C:2018:1041
Date: 2018-12-19
Language of the case: German
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling;Reference for a preliminary ruling - decision unnecessary
Origin: Germany

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 6 December 2017 — slewo // schlafen leben wohnen GmbH v Sascha Ledowski (Case C-681/17) Language of the case: German Referring court Bundesgerichtshof Parties to the main proceedings Appellant: slewo // schlafen leben wohnen GmbH Respondent: Sascha Ledowski Questions referred For the purposes of the interpretation of Article 16(e) and — if relevant — Article 6(1)(k) of 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, 1 the following questions shall be referred to the Court of Justice of the European Union for a preliminary ruling pursuant to Article 267 TFEU: 1. Should Article 16(e) of the Consumer Rights Directive be interpreted as meaning that the goods referred to there which are not suitable for return due to health protection or hygiene reasons include goods (such as, for example, mattresses) which, although when used as intended may come into direct contact with the human body, can nevertheless be made saleable again by means of suitable (cleaning) measures by the trader? 2. If Question 1 is answered in the affirmative: a) What requirements must the packaging of goods satisfy for it to be considered that sealing within the meaning of Article 16(e) of the Consumer Rights Directive exists? and b) Does the information that the trader has to give pursuant to Article 6(1)(k) of the Consumer Rights Directive before the contract becomes binding have to be provided in such a way that the consumer is informed, with specific reference to the article to be purchased (here a mattress) and the seal that is applied, that he will lose the right of withdrawal if he removes the seal? ____________ 1 OJ 2011 L 304, p. 64.