Case C-88/23, Parfümerie Akzente: Request for a preliminary ruling from the Svea Hovrätt, Patent- och marknadsöverdomstolen (Sweden) lodged on 15 February 2023 — Parfümerie Akzente GmbH v KTF Organisation AB
Date: 2023-02-15
Institutions: Court of Justice
Subjects: EU Member State, Internet site, delivery, electronic commerce, establishment, freedom to provide services, goods and services, information society, marketing, provision of services








C_2023155EN.01003501.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/35






Request for a preliminary ruling from the Svea Hovrätt, Patent- och marknadsöverdomstolen (Sweden) lodged on 15 February 2023 — Parfümerie Akzente GmbH v KTF Organisation AB
(Case C-88/23, Parfümerie Akzente)
(2023/C 155/46)
Language of the case: Swedish

Referring court

Svea Hovrätt, Patent- och marknadsöverdomstolen

Parties to the main proceedings


Appellant: Parfümerie Akzente GmbH

Respondent: KTF Organisation AB

Questions referred







1.


Must Article 3(2) of Directive 2000/31/EC, (1) having regard to EU law in general and its effective implementation, be interpreted as precluding national legislation which entails the non-application of national rules within the coordinated field, including national rules which implement Directive 2005/29/EC, (2) if the supplier of the service is established and supplies information society services from another Member State and there are no requirements to apply any exception flowing from those national provisions which implement Article 3(4) of Directive 2000/31?










2.


Does the coordinated field cover, under Directive 2000/31/EC, the marketing on the seller’s website and the online sales of a product alleged to be labelled in breach of the requirements applicable to such goods in the purchasing consumer’s Member State?










3.


If the answer to Question 2 is in the affirmative, are such requirements as apply to the delivery and the products themselves also excluded from the coordinated field, in accordance with Article 2(h)(ii) of Directive 2000/31/EC, where the delivery of the goods themselves constitutes a necessary step in the marketing and online sales, or is the delivery of the goods themselves to be deemed to constitute an element that is ancillary to and inseparable from the marketing and online sales?










4.


What weight, if any, does the fact that the requirements applicable to the goods themselves flow from national provisions which implement and supplement sector-specific EU legislation, including Article 8(2) of Directive 75/324/EEC (3) and Article 19(5) of Regulation No 1223/2009, (4) and which mean that the requirements applicable to the goods must be fulfilled in order for it to be possible for the goods to be released onto the market or supplied to end consumers in the Member State have in the consideration of Questions 2 and 3?






(1)  Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ 2000 L 178, p. 1).

(2)  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’) (OJ 2005 L 149, p. 22).

(3)  Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (OJ 1975 L 147, p. 40).

(4)  Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ 2009 L 342, p. 59).