Case C-49/11

Content Services Ltd

v

Bundesarbeitskammer

(Reference for a preliminary ruling from the Oberlandesgericht Wien)

‛Reference for a preliminary ruling — Directive 97/7/EC — Consumer protection — Distance contracts — Consumer information — Information given or received — Durable medium — Meaning — Hyperlink on the website of the supplier — Right of withdrawal’

Summary of the Judgment

Consumer protection — Distance Contracts — Directive 97/7 — Seller’s obligation to provide the consumer with the relevant information in writing or by another durable medium — Scope — A business practice consisting of making the information referred to in that provision accessible to the consumer only via a hyperlink on the seller’s website — Not permissible

(European Parliament and Council Directive 97/7, Art. 5(1))

Article 5(1) of Directive 97/7 on the protection of consumers in respect of distance contracts must be interpreted as meaning that a business practice consisting of making the information referred to in that provision accessible to the consumer only via a hyperlink on a website of the undertaking concerned does not meet the requirements of that provision, since that information is neither ‘given’ by that undertaking nor ‘received’ by the consumer, within the meaning of that provision, and a website such as that at issue in the main proceedings cannot be regarded as a ‘durable medium’ within the meaning of Article 5(1).

According to that article, the consumer must receive the confirmation of that information, without any active conduct on his part being required. Furthermore, for a website to be able to be regarded as a durable medium, it must ensure that the consumer, in a similar way to paper form, is in possession of the information referred to in that provision to enable him to exercise his rights where necessary. In that regard, it must allow consumers to store the information which has been addressed to them personally, ensure that its content is not altered and that the information is accessible for an adequate period, and gives consumers the possibility to reproduce it unchanged.

(see paras 35, 42, 43, 50-51, operative part)

Case C-49/11

Content Services Ltd

v

Bundesarbeitskammer

(Reference for a preliminary ruling from the Oberlandesgericht Wien)

‛Reference for a preliminary ruling — Directive 97/7/EC — Consumer protection — Distance contracts — Consumer information — Information given or received — Durable medium — Meaning — Hyperlink on the website of the supplier — Right of withdrawal’

Summary of the Judgment

Consumer protection — Distance Contracts — Directive 97/7 — Seller’s obligation to provide the consumer with the relevant information in writing or by another durable medium — Scope — A business practice consisting of making the information referred to in that provision accessible to the consumer only via a hyperlink on the seller’s website — Not permissible

(European Parliament and Council Directive 97/7, Art. 5(1))

Article 5(1) of Directive 97/7 on the protection of consumers in respect of distance contracts must be interpreted as meaning that a business practice consisting of making the information referred to in that provision accessible to the consumer only via a hyperlink on a website of the undertaking concerned does not meet the requirements of that provision, since that information is neither ‘given’ by that undertaking nor ‘received’ by the consumer, within the meaning of that provision, and a website such as that at issue in the main proceedings cannot be regarded as a ‘durable medium’ within the meaning of Article 5(1).

According to that article, the consumer must receive the confirmation of that information, without any active conduct on his part being required. Furthermore, for a website to be able to be regarded as a durable medium, it must ensure that the consumer, in a similar way to paper form, is in possession of the information referred to in that provision to enable him to exercise his rights where necessary. In that regard, it must allow consumers to store the information which has been addressed to them personally, ensure that its content is not altered and that the information is accessible for an adequate period, and gives consumers the possibility to reproduce it unchanged.

(see paras 35, 42, 43, 50-51, operative part)