Case C-304/08: Judgment of the Court (First Chamber) of 14 January 2010 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Zentrale zur Bekämpfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH (Directive 2005/29/EC — Unfair commercial practices — National legislation laying down a prohibition in principle of commercial practices which make the participation of consumers in a lottery conditional on the purchase of goods or the use of services)
Date: 2010-01-14
Institutions: Court of Justice
Subjects: consumer protection, interpretation of the law, restriction on competition, sales promotion, single market








C_2010179EN.01000301.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/3






Judgment of the Court (First Chamber) of 14 January 2010 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Zentrale zur Bekämpfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH
(Case C-304/08) (1)

(Directive 2005/29/EC - Unfair commercial practices - National legislation laying down a prohibition in principle of commercial practices which make the participation of consumers in a lottery conditional on the purchase of goods or the use of services)
(2010/C 179/03)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Zentrale zur Bekämpfung unlauteren Wettbewerbs eV

Defendant: Plus Warenhandelsgesellschaft mbH

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 5(2) of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ 2005 L 149, p. 22) — Commercial practice coupling the sale of goods with a lottery which permits the customer to participate in the draws of a national lottery when he has accumulated a certain number of bonus points obtained when purchasing goods — National legislation under which a commercial practice whereby the participation of consumers in a prize competition or lottery is conditional on the purchase of goods or the supply of services is in principle unlawful, irrespective of whether the advertising in question affects consumers’ interests

Operative part of the judgment

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which provides for a prohibition in principle, without taking account of the specific circumstances of individual cases, of commercial practices under which the participation of consumers in a prize competition or lottery is made conditional on the purchase of goods or the use of services.


(1)  OJ C 247, 27.9.2008.