CELEX: 62007CJ0205
Language: en
Date: 2008-12-16
Title: Judgment of the Court (Grand Chamber) of 16 December 2008.#Lodewijk Gysbrechts and Santurel Inter BVBA.#Reference for a preliminary ruling: Hof van beroep te Gent - Belgium.#Articles 28 EC to 30 EC - Directive 97/7/EC - Consumer protection in distance contracts - Period for withdrawal - Prohibition on requiring from a consumer a deposit or payment before the end of the period for withdrawal.#Case C-205/07.

Case C-205/07
      Criminal proceedings 
      against 
      Lodewijk Gysbrechts
      and
      Santurel Inter BVBA
      (Reference for a preliminary ruling from the hof van beroep te Gent)
      (Articles 28 EC to 30 EC – Directive 97/7/EC – Consumer protection in distance contracts – Period for withdrawal – Prohibition on requiring from a consumer a deposit or payment before the end of the period for withdrawal)
      Summary of the Judgment
      Free movement of goods – Quantitative restrictions on exports – Measures having equivalent effect – Meaning
      (Art. 29 EC; European Parliament and Council Directive 97/7, Art. 6)
      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.
      
      Such a prohibition on the supplier, even if he undertakes not to use the payment card to collect payment before expiry of
         the period for withdrawal, constitutes a measure having equivalent effect to a quantitative restriction on exports. The consequences
         of such a prohibition are generally more significant in cross-border sales made directly to consumers, in particular, in sales
         made by means of the internet, by reason, inter alia, of the obstacles to bringing any legal proceedings in another Member
         State against consumers who default, especially when the sales involve relatively small sums. The actual effect of such a
         prohibition, even if it is applicable to all traders active in the national territory, is none the less greater on goods leaving
         the market of the exporting Member State than on the marketing of goods in the domestic market of that Member State.
      
      As regard whether such a measure can be justified by the objective of ensuring consumer protection, the prohibition on requiring
         an advance is clearly an appropriate and proportionate measure to ensure the effective exercise of the right to withdraw.
         In that regard, first, the Member States must determine, in compliance with Community law, how the risk of non-performance
         which is a feature of distance-selling contracts because of the gap between the performance by each party of his contractual
         obligations ought to be allocated between supplier and consumer. Secondly, even if the prohibition on requiring a payment
         during the period for withdrawal increases the uncertainty of suppliers as to whether the price for the delivered goods will
         be paid, that prohibition is none the less clearly necessary to ensure a high level of consumer protection. In fact, a consumer
         who has made an advance payment to a supplier will be less inclined to exercise his right of withdrawal, even if he finds
         the delivered goods to be not entirely in accordance with his requirements.
      
      However, the value of the prohibition on a supplier requiring a consumer’s payment card number resides only in the fact that
         it eliminates the risk that the supplier may collect the price before expiry of the period for withdrawal. If, however, that
         risk materialises, the supplier’s action is, in itself, a contravention of the prohibition on requiring a payment before expiry
         of the period for withdrawal, and consequently the imposition on a supplier of a prohibition on requiring that a consumer
         provide his payment card number goes beyond what is necessary to attain the objective pursued.
      
      (see paras 42-43, 52, 54-56, 60-62, operative part)
JUDGMENT OF THE COURT (Grand Chamber)
      16 December 2008 (*)
      
      (Articles 28 EC to 30 EC – Directive 97/7/EC – Consumer protection in distance contracts – Period for withdrawal – Prohibition on requiring from a consumer a deposit or payment before the end of the period for withdrawal)
      In Case C‑205/07,
      REFERENCE for a preliminary ruling under Article 234 EC from the Hof van Beroep te Gent (Belgium), made by decision of 20
         March 2007, received at the Court on 19 April 2007, in criminal proceedings against
      
      Lodewijk Gysbrechts,
      Santurel Inter BVBA,
      
      THE COURT (Grand Chamber),
      composed of V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas and K. Lenaerts, Presidents of Chambers, A. Tizzano,
         J.N. Cunha Rodrigues, R. Silva de Lapuerta, K. Schiemann, J. Klučka, and C. Toader (Rapporteur), Judges,
      
      Advocate General: V. Trstenjak,
      Registrar: M. Ferreira, Principal Administrator,
      having regard to the written procedure and further to the hearing on 20 May 2008,
      after considering the observations submitted on behalf of:
      –        Santurel Inter BVBA, by H. Van Dooren, advocaat,
      –        the Belgian Government, by L. Van den Broeck and C. Pochet, acting as Agents,
      –        the Commission of the European Communities, by B. Stromsky and M. van Beek, acting as Agents,
      after hearing the Opinion of the Advocate General at the sitting on 17 July 2008,
      gives the following
      Judgment
      1        This reference for a preliminary ruling relates to the interpretation of Articles 28 EC to 30 EC.
      
      2        The reference was made within criminal proceedings brought against Mr Gysbrechts and Santurel Inter BVBA (‘Santurel’) for
         contraventions of the Belgian law on distance selling.
      
       Legal context
       Community law
      3        Article 6 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers
         in respect of distance contracts (OJ 1997 L 144, p. 19) provides:
      
      ‘1.      For any distance contract the consumer shall have a period of at least seven working days in which to withdraw from the contract
         without penalty and without giving any reason. The only charge that may be made to the consumer because of the exercise of
         his right of withdrawal is the direct cost of returning the goods.
      
      The period for exercise of this right shall begin:
      –        in the case of goods, from the day of receipt by the consumer where the obligations laid down in Article 5 have been fulfilled,
      …
      2.      Where the right of withdrawal has been exercised by the consumer pursuant to this Article, the supplier shall be obliged to
         reimburse the sums paid by the consumer free of charge. The only charge that may be made to the consumer because of the exercise
         of his right of withdrawal is the direct cost of returning the goods. Such reimbursement must be carried out as soon as possible
         and in any case within 30 days.
      
      …’ 
      4        Article 14 of Directive 97/7 is worded as follows:
      
      ‘Member States may introduce or maintain, in the area covered by this Directive, more stringent provisions compatible with
         the [EC] Treaty, to ensure a higher level of consumer protection. Such provisions shall, where appropriate, include a ban,
         in the general interest, on the marketing of certain goods or services, particularly medicinal products, within their territory
         by means of distance contracts, with due regard for the Treaty.’
      
       National law
      5        The consumer’s right to withdraw is governed by Article 80 of the [Belgian] Law of 14 July 1991 on commercial practices and
         consumer information and protection, as amended (‘the Law on consumer protection’).
      
      6        Article 80(3) of the Law on consumer protection provides:
      
      ‘Without prejudice to the application of Article 45(1) of the Law of 12 June 1991 on consumer credit, no deposit or any form
         of payment may be required from the consumer before the end of the withdrawal period of seven working days referred to in
         paragraph 1.
      
      If the right of withdrawal provided for in paragraphs 1 and 2 is exercised, the vendor shall repay the amounts paid by the
         consumer, without costs. This repayment shall be made within 30 days of the withdrawal.
      
      The prohibition referred to in the first paragraph shall be waived if the vendor is able to prove that he complies with the
         rules laid down by the Crown on the repayment of amounts paid by the consumer.’
      
      7        The royal decree referred to in the last paragraph of that provision has not yet been adopted.
      
       The main proceedings and the question referred for a preliminary ruling
      8        Santurel is an undertaking which specialises in the wholesale and retail sale of food supplements. The greater part of its
         sales are made online by means of the company’s internet site, and goods ordered are then sent to the purchasers by post.
      
      9        Mr Gysbrechts is the founder and manager of that undertaking.
      
      10      In 2001, Santurel brought an action against one of its customers, Mr Delahaye, who resided in France, for failure to pay the
         price of a number of products which had been delivered to him. The outcome of that action was that the judge in Dendermonde
         (Belgium) who heard the case gave judgment in default against Mr Delahaye.
      
      11      Mr Delahaye then lodged a complaint and stated, though he produced no evidence of the fact, that he had returned the products
         concerned to Santurel. The Belgian Economic Inspection Board then carried out an investigation which established that there
         had been failures to fulfil the obligations to provide information on the right of withdrawal provided for by the Law on consumer
         protection. Those failures were brought to Santurel’s attention and a request was made that the situation be corrected.
      
      12      Santurel therefore altered the information provided on its internet site to state, inter alia, that payment for goods must
         be made within a week of receipt of the goods. In respect of goods delivered in Belgium, the price may be paid by bank transfer,
         postal order or by credit card. In respect of other countries, the only acceptable means of payment is credit card. In all
         cases, when a payment is to be made by credit card, the customer must state on the order form the number and validity period
         of the card.
      
      13      The Belgian Economic Inspection Board considered that that amendment was inadequate and brought charges against Santurel and
         Mr Gysbrechts as its manager, to the effect that they had committed offences under the provisions on distance selling in the
         Law on consumer protection. In particular, it was alleged that they had disregarded the prohibition, laid down in Article
         80(3) of that law, on requiring that the consumer provide a deposit or any form of payment before expiry of the period of
         seven working days within which withdrawal from the contract is permitted. According to the Economic Inspection Board, the
         statement of the credit card number on the order form for goods enables Santurel to collect the price of those goods before
         expiry of the period for withdrawal of seven working days, which contravenes the requirements laid down by law.
      
      14      The Court of First Instance of Dendermonde found Santurel and Mr Gysbrechts guilty and imposed on each party a fine of EUR 1 250.
         All parties to the main proceedings brought an appeal against that judgment before the Hof van Beroep te Gent (Court of Appeal,
         Ghent).
      
      15      The Hof van Beroep te Gent held that the prohibition laid down in Article 80(3) of the Law on consumer protection creates
         a risk that a Belgian trader will have difficulty in obtaining payment for his goods when they have been delivered to customers
         established in another Member State, that risk being all the more acute when, as in the main proceedings, the sums involved
         are relatively small. 
      
      16      In those circumstances, that court considers that Santurel and Mr Gysbrechts have an arguable case that the prohibition concerned
         is an unjustified obstacle to the free movement of goods within the European Community. The court consequently decided to
         stay the proceedings and referred the following question to the Court for a preliminary ruling:
      
      ‘Does the Belgian Law of 14 July 1991 on commercial practices and consumer information and protection constitute a measure
         having equivalent effect, as prohibited in Articles 28 EC to 30 EC, inasmuch as Article 80(3) of that national law prohibits
         demands for an advance or payment from the consumer during the compulsory period for withdrawal, as a result of which the
         actual effect of the Law of 14 July 1991 on the trading of goods in the trader’s own country differs from its effect on trading
         with nationals of another Member State, and does this give rise in fact to an obstacle to the free movement of goods, a principle
         enshrined in Article 23 EC?’
      
       The question referred for a preliminary ruling
       Observations of the parties
      17      Santurel claims, in essence, that the interpretation by the Belgian authorities of the provision at issue in the main proceedings,
         to the effect that a supplier is prohibited from requiring a consumer’s payment card number in a distance sale, contravenes
         the requirements laid down by Articles 28 EC to 30 EC.
      
      18      Relying on the principles to be elicited from the judgments in Case 8/74 Dassonville [1974] ECR 837 and Joined Cases C‑267/91 and C‑268/91 KeckandMithouard [1993] ECR I‑6097, Santurel argues that the actual effect of the prohibition imposed by the provision at issue in the main
         proceedings is predominantly on the export of national goods and constitutes, therefore, a measure having equivalent effect
         to a quantitative restriction, which is prohibited by the Treaty.
      
      19      According to the Belgian Government, the aim of Article 80(3) of the Law on consumer protection is to ensure a high level
         of protection of the interests of consumers, pursuant to Article 14 of Directive 97/7. It follows that Article 80(3) ought
         to be interpreted as imposing on a supplier the obligation to offer a choice of several means of payment, of which at least
         one should enable the consumer to pay for goods delivered to him after the expiry of the period for withdrawal.
      
      20      Furthermore, secure payment systems which make it impossible to collect sums due for delivered goods before expiry of the
         statutory period for withdrawal are compatible with the provision at issue in the main proceedings, since the consumer who
         exercises his right of withdrawal retains the absolute right to obtain repayment of the sum paid from the paying agency. On
         the other hand, a mere declaration to the effect that the supplier undertakes not to collect the sum due before expiry of
         the period for withdrawal does not meet the requirements of the Law on consumer protection.
      
      21      The Belgian Government also states, in that regard, that a royal decree, the adoption of which is under way, will in the future
         lay down rules for a system of payment in distance selling which will protect the consumer from any risk while also protecting
         the supplier. Within that system, the consumer will pay the purchase price of goods to the account of an independent third
         party and then, on the expiry of the period for withdrawal, the sum concerned will be transferred to the supplier of the goods.
      
      22      The Belgian Government accepts, in its written observations, that the provision at issue in the main proceedings has a more
         restrictive effect on transactions entered into with persons established in other Member States. However, according to that
         government, although the risk assumed by the supplier is greater, that provision remains compatible with Community law.
      
      23      As regards the compatibility of those provisions with Article 28 EC, the Belgian Government submits that the provision at
         issue in the main proceedings does not constitute a measure having equivalent effect to a quantitative restriction on imports
         since it does not make access to the Belgian market more difficult for imported goods. On the contrary, it creates a situation
         which is less favourable for Belgian traders than for traders of other Member States, and that does not contravene the requirements
         of Article 28 EC.
      
      24      In the event that the Court were none the less to hold that the provision at issue in the main proceedings constitutes a measure
         having equivalent effect to quantitative restrictions, the Belgian Government considers that the measure can be justified
         on the grounds of consumer protection, in particular, in order to ensure that the consumer can effectively exercise his right
         of withdrawal provided for by Article 6 of Directive 97/7. The provision is, at the same time, proportionate to the objective
         pursued. The prohibition on requiring from the consumer an advance or payment before expiry of the period for withdrawal is
         intended to ensure that that same consumer can effectively exercise his right of withdrawal, specifically by eliminating the
         possibility that the difficulties inherent in recovery of sums already paid may discourage the consumer from exercising that
         right.
      
      25      As regards the compatibility of the provision at issue in the main proceedings with Article 29 EC, the Belgian Government
         submits that the provision is applied indiscriminately to sales concluded with persons resident in Belgian territory and to
         sales involving consumers established in other Member States and, therefore, does not constitute a specific restriction on
         exports.
      
      26      In relation to compatibility with Article 28 EC, the Commission of the European Communities is of the opinion that the provision
         at issue in the main proceedings concerns all traders active in the national market and that, legally, it affects national
         goods and imported goods in the same way. Moreover, it is for the national court to assess the actual effect on intra-Community
         trade. If the national provision were to constitute a measure having equivalent effect to a quantitative restriction, the
         Commission considers, first, that it is possible to justify it on the grounds of consumer protection, and, secondly, that
         it is proportionate to the legitimate objective pursued.
      
      27      As regards compatibility with Article 29 EC, the Commission argues that the provision at issue in the main proceedings does
         not constitute a measure having equivalent effect to a quantitative restriction on exports since, in the present case, the
         measure concerned is not one which either has the specific object or effect of restricting patterns of exports.
      
      28      In the course of the hearing, the Commission none the less put forward the possibility of a revised definition of measures
         having equivalent effect to quantitative restrictions on exports so as to include measures ‘which have the effect of restricting
         exports and which create a difference in treatment between trade within a Member State and exports’. According to that new
         definition, the provision at issue in the main proceedings would constitute such a measure having equivalent effect which
         could be justified on grounds of consumer protection, but which would not meet the requirements of proportionality.
      
       The Court’s reply
       Preliminary observations 
      29      By its question, the referring court asks, in essence, whether Articles 28 EC to 30 EC preclude a provision such as that at
         issue in the main proceedings relating to distance selling which prohibits a supplier from requiring an advance or any payment
         before expiry of the period for withdrawal. 
      
      30      In that context, it is clear from the Court file, and from the written observations submitted to the Court, that Mr Gysbrechts
         and Santurel were found to have required consumers not residing in Belgium to provide the number of their payment card before
         expiry of the period for withdrawal. The Belgian authorities interpret the provision at issue in the main proceedings as meaning
         that, on the conclusion of a distance contract, the supplier cannot require that the consumer provide his payment card number,
         even though the supplier undertakes not to use it to collect payment before expiry of the period concerned.
      
      31      In order to provide to the referring court all those elements for the interpretation of Community law which may be of assistance
         in adjudicating on the case pending before it, whether or not that court has specifically referred to them in its questions
         (see Case C‑17/06 Céline [2007] ECR I‑7041, paragraph 29), it is necessary to examine a prohibition such as that at issue in the main proceedings,
         as described in paragraph 30 of this judgment, also in the light of the Belgian authorities’ interpretation of it in the main
         proceedings.
      
      32      Furthermore, it is clear that the prohibition laid down by Article 80(3) of the Law on consumer protection comes within the
         scope of Directive 97/7.
      
      33      In accordance with settled case-law, a national measure in an area which has been the subject of exhaustive harmonisation
         at Community level must be assessed in the light of the provisions of that harmonising measure and not those of the Treaty
         (Case C‑322/01 Deutscher Apothekerverband [2003] ECR I‑14887, paragraph 64).
      
      34      However, in the present case, it is clear that the harmonisation effected by Directive 97/7 was not exhaustive. In that regard,
         as is expressly provided by Article 14(1) of that directive, Member States may introduce or maintain, in the area covered
         by the directive, more stringent provisions to ensure a higher level of consumer protection, provided that power is exercised
         with due regard for the Treaty (see Deutscher Apothekerverband, paragraph 64).
      
      35      It follows that such a provision does not dispense with the need to examine the compatibility of the national measure at issue
         in the main proceedings with Articles 28 EC to 30 EC.
      
      36      As regards the compatibility of Article 80(3) of the Law on consumer protection with the terms of Article 28 EC, a procedure
         such as that concerned in the main proceedings relates not to imports, but, on the contrary, to exports of goods from Belgium
         to other Member States.
      
      37      As that analysis of the compatibility of Article 80(3) with Article 28 EC is irrelevant to the subject of the dispute in the
         main proceedings, the Court need not rule on that aspect of the question referred for a preliminary ruling.
      
       A measure having equivalent effect to a quantitative restriction on exports within the meaning of Article 29 EC
      38      To answer the question put by the referring court, it must therefore be determined whether the prohibition laid down by the
         provision at issue in the main proceedings constitutes a measure having equivalent effect to a quantitative restriction on
         exports.
      
      39      The compatibility of a provision such as that at issue in the main proceedings with Article 29 EC must be examined by taking
         into account also the national authorities’ interpretation of it, namely that suppliers are not allowed to require that consumers
         provide their payment card number, even though the suppliers undertake not to use it before expiry of the period for withdrawal.
      
      40      In that regard, the Court has classified as measures having equivalent effect to quantitative restrictions on exports national
         measures which have as their specific object or effect the restriction of patterns of exports and thereby the establishment
         of a difference in treatment between the domestic trade of a Member State and its export trade in such a way as to provide
         a particular advantage for national production or for the domestic market of the State in question, at the expense of the
         production or of the trade of other Member States (Case 15/79 Groenveld [1979] ECR 3409, paragraph 7).
      
      41      In the main proceedings, it is clear, as the Belgian Government has moreover noted in its written observations, that the prohibition
         on requiring an advance payment deprives the traders concerned of an efficient tool with which to guard against the risk of
         non‑payment. That is even more the case when the national provision at issue is interpreted as prohibiting suppliers from
         requesting that consumers provide their payment card number even if they undertake not to use it to collect payment before
         expiry of the period for withdrawal.
      
      42      As is clear from the order for reference, the consequences of such a prohibition are generally more significant in cross-border
         sales made directly to consumers, in particular, in sales made by means of the internet, by reason, inter alia, of the obstacles
         to bringing any legal proceedings in another Member State against consumers who default, especially when the sales involve
         relatively small sums.
      
      43      Consequently, even if a prohibition such as that at issue in the main proceedings is applicable to all traders active in the
         national territory, its actual effect is none the less greater on goods leaving the market of the exporting Member State than
         on the marketing of goods in the domestic market of that Member State.
      
      44      It must therefore be held that a national measure, such as that at issue in the main proceedings, prohibiting a supplier in
         a distance sale from requiring an advance or any payment before expiry of the period for withdrawal constitutes a measure
         having equivalent effect to a quantitative restriction on exports. The same is true of a measure prohibiting a supplier from
         requiring that consumers provide their payment card number, even if the supplier undertakes not to use it to collect payment
         before expiry of the period for withdrawal.
      
       The possible justification of the measure having equivalent effect 
      45      A national measure contrary to Article 29 EC may be justified on one of the grounds stated in Article 30 EC, and by overriding
         requirements of public interest, provided that the measure is proportionate to the legitimate objective pursued.
      
      46      In that regard, none of the grounds referred to in Article 30 EC has any relevance in the circumstances of the main proceedings.
      
      47      It must however be added that, in accordance with settled case-law, consumer protection may constitute a legitimate objective
         in the public interest capable of justifying a restriction on the free movement of goods (see Case 120/78 Rewe-Zentral [1979] ECR 649, paragraph 8, and Case C‑441/04 A-Punkt Schmuckhandel [2006] ECR I‑2093, paragraph 27).
      
      48      In the main proceedings, it is not disputed that the provision at issue was introduced with the aim of ensuring the protection
         of the consumer and, in particular, the effectiveness of the right of withdrawal guaranteed to him by Article 6 of Directive
         97/7.
      
      49      Pursuant to the discretion accorded to Member States by Article 14 of Directive 97/7 to introduce, in the area governed by
         it, more stringent provisions, the Kingdom of Belgium chose to give greater protection to the consumer by prohibiting suppliers
         not only from imposing a penalty upon the exercise of the right to withdraw, but also from requiring an advance or any payment
         before expiry of the period for withdrawal. The provision at issue in the main proceedings is intended to increase in that
         way the consumer’s freedom to terminate a contractual relationship, without his having to worry about repayment of monies
         which he has paid in advance.
      
      50      It remains to be determined whether that provision, as it is interpreted by the national authorities, is proportionate to
         the objective pursued.
      
      51      In that regard, according to settled case-law, in order for national rules to comply with the principle of proportionality,
         it must be ascertained not only whether the means which they employ are suitable for the purpose of ensuring the attainment
         of the objectives pursued but also whether those means do not go beyond what is necessary to attain those objectives (see
         Joined Cases C‑158/04 and C‑159/04 Alfa Vita Vassilopoulos and Carrefour-Marinopoulos [2006] ECR I‑8135, paragraph 22).
      
      52      The prohibition on requiring an advance or any payment before expiry of the period for withdrawal and the prohibition on requesting
         that purchasers provide their payment card number are capable of ensuring a high level of consumer protection in distance
         selling, in particular in relation to the exercise of the right to withdraw.
      
      53      It is however necessary to examine whether the national measure at issue in the main proceedings does not go beyond what is
         necessary to attain the proposed objective and, in particular, whether measures which would have been equally effective in
         protecting consumers but with a less restrictive effect on intra‑Community trade could have been considered.
      
      54      It must be borne in mind that one of the features of distance-selling contracts is the fact that there is often a gap between
         the performance by each party of his contractual obligations. Thus, the consumer may be induced to pay for the goods before
         he has received them or, on the contrary, the supplier may be led to deliver the goods without having received the price for
         them. That gap exposes the contracting parties to a specific risk of non-performance.
      
      55      It falls to the Member States to determine, in compliance with Community law, first, how that risk of non-performance ought
         to be allocated between supplier and consumer and, secondly, what means should be made available to the contracting parties
         to protect themselves.
      
      56      Even if the prohibition on requiring a payment during the period for withdrawal increases the uncertainty of suppliers as
         to whether the price for the delivered goods will be paid, that prohibition is clearly necessary to ensure the level of protection
         intended by the provision at issue in the main proceedings. In fact, a consumer who has made an advance payment to a supplier
         will be less inclined to exercise his right of withdrawal, even if he finds the delivered goods to be not entirely in accordance
         with his requirements.
      
      57      As regards more specifically the prohibition on a supplier requiring a consumer’s payment card number, it is clear that that
         prohibition is inseparable from the prohibition laid down in Article 80(3) of the Law on consumer protection.
      
      58      First, that prohibition is the consequence of the application, by the competent Belgian authorities, of the prohibition laid
         down by the provision at issue in the main proceedings and, secondly, it pursues the same objective, namely the effective
         exercise of the right to withdraw.
      
      59      Just like the prohibition laid down by the provision at issue in the main proceedings, the prohibition on a supplier requiring
         a consumer’s payment card number is capable of ensuring the attainment of the objective pursued, as is clear from paragraph
         52 of this judgment.
      
      60      However, as is made clear in point 85 of the Opinion of the Advocate General, the value of the prohibition on a supplier requiring
         a consumer’s payment card number resides only in the fact that it eliminates the risk that the supplier may collect the price
         before expiry of the period for withdrawal.
      
      61      If, however, that risk materialises, the supplier’s action is, in itself, a contravention of the prohibition laid down by
         the provision at issue in the main proceedings, a prohibition which must be regarded as an appropriate and proportionate measure
         to attain the objective pursued, as is made clear in paragraphs 54 to 57 of this judgment.
      
      62      It must therefore be held that the imposition on a supplier of a prohibition on requiring that a consumer provide his payment
         card number goes beyond what is necessary to attain the objective pursued.
      
      63      The answer to the question put by the referring court is therefore that 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. 
      
       Costs
      64      Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court,
         the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs
         of those parties, are not recoverable.
      
      On those grounds, the Court (Grand Chamber) hereby rules:
      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.
      [Signatures]
      * Language of the case: Dutch.