Case C-205/07: Judgment of the Court (Grand Chamber) of 16 December 2008 (reference for a preliminary ruling from the Hof van Beroep te Gent — Belgium) — Criminal proceedings against Lodewijk Gysbrechts, Santurel Inter BVBA (Articles 28 EC to 30 EC — Directive 97/7/EC — Consumer protection in distance contracts — Period for withdrawal — Prohibition on requiring from a consumer an advance or payment before the end of the period for withdrawal)
Date: 2008-12-16
Institutions: Court of Justice
Subjects: advance payment, consumer protection, foreign national, free movement of goods, interpretation of the law

21.2.2009

EN

Official Journal of the European Union

C 44/11

Judgment of the Court (Grand Chamber) of 16 December
2008 (reference for a preliminary ruling from the Hof van
Beroep te Gent — Belgium) — Criminal proceedings
against Lodewijk Gysbrechts, Santurel Inter BVBA

Judgment of the Court (Grand Chamber) of 16 December
2008 (reference for
a preliminary ruling from the
Simvoulio tis Epikratias — Greece) — Michaniki AE v
Ethniko Simvoulio Radiotileorasis, Ipourgos Epikratias

(Case C-205/07) (1)

(Case C-213/07) (1)

(Articles 28 EC to 30 EC — Directive 97/7/EC — Consumer
protection in distance contracts — Period for withdrawal —
Prohibition on requiring from a consumer an advance or
payment before the end of the period for withdrawal)

(Public works contracts — Directive 93/37/EEC — Article 24
— Grounds for excluding participation in a contract —
National measures establishing an incompatibility between the
public works sector and that of the media)

(2009/C 44/17)

Language of the case: Dutch

(2009/C 44/18)

Language of the case: Greek

Referring court

Hof van Beroep te Gent

Parties in the main proceedings

Lodewijk Gysbrechts, Santurel Inter BVBA

Referring court

Simvoulio tis Epikratias

Parties to the main proceedings

Applicant: Michaniki AE

Defendants: Ethniko Simvoulio Radiotileorasis, Ipourgos Epikra-
tias

Re:

Reference for a preliminary ruling — Hof van Beroep te Gent
— Interpretation of Articles 28 and 30 EC — Effects on intra-
community trade of a national rule prohibiting a requirement
that a consumer pay an advance or make payment before the
expiry of a withdrawal period — Compatibility with Com-
munity law

Operative part of the judgment

The Court:

Article 29 EC does not preclude national rules which prohibit a
supplier in cross-border distance selling from requiring an advance or
any payment from a consumer before expiry of the withdrawal period,
but Article 29 EC does preclude a prohibition, under those rules, on
requesting, before expiry of that period, the number of the consumer's
payment card.

(1) OJ C 140, 23.6.2007.

Interveners in support of
Techniki Ependitiki Viomichaniki AE,
Pantechniki AE, Sindesmos Epikhiriseon Periodikou Tipou

the defendants: Elliniki Technodomiki
in law to

successor

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias —
Interpretation of Article 24 of Council Directive 93/37/EEC of
14 June 1993 concerning the coordination of procedures for
the award of public works contracts (OJ 1993 L 199, p. 54) —
Question of whether or not the list of grounds for excluding a
contractor from participation in the contract is exhaustive

Operative part of the judgment

(1) The first paragraph of Article 24 of Council Directive 93/37/EEC
of 14 June 1993 concerning the coordination of procedures for
the award of public works contracts, as amended by European
Parliament and Council Directive 97/52/EC of 13 October
1997, must be interpreted as listing exhaustively the grounds
based on objective considerations of professional quality which are
capable of justifying the exclusion of a contractor from participa-
tion in a public works contract. However, that directive does not
preclude a Member State from providing for further exclusionary
measures designed to ensure observance of the principles of equal
treatment of
transparency, provided that such
measures do not go beyond what is necessary to achieve that objec-
tive;

tenderers and of