CELEX: C2007/199/36
Language: en
Date: 2007-08-25 00:00:00
Title: Case C-299/07: Reference for a preliminary ruling from the Rechtbank van koophandel te Antwerpen (Belgium) lodged on 27 June 2007 — Galatea BVBA v Sanoma Magazines Belgium NV

25.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 199/23
            
         Reference for a preliminary ruling from the Rechtbank van koophandel te Antwerpen (Belgium) lodged on 27 June 2007 — Galatea BVBA v Sanoma Magazines Belgium NV
   (Case C-299/07)
   (2007/C 199/36)
   Language of the case: Dutch
   Referring court
   Rechtbank van koophandel te Antwerpen
   Parties to the main proceedings
   
      Applicant: Galatea BVBA
   
      Defendant: Sanoma Magazines Belgium NV
   Question referred
   Do Article 49 of the EC Treaty concerning the freedom to provide services and Directive 2005/29/EC (1) of the European Parliament and of the Council concerning unfair commercial practices preclude national legislation, such as Article 54 of the Belgian Law of 14 July 1991 on trade practices and consumer information and protection, which — except in the cases listed exhaustively in that law — prohibits any linked offer by a vendor to a consumer whereby the acquisition, whether or not free of charge, of products, services, advantages or vouchers with which they can be obtained is linked to the acquisition of other, even identical, products or services, and this regardless of the circumstances of the case, and especially regardless of the influence which the specific offer may have on the average consumer and regardless of whether that offer can be considered in the specific circumstances to be contrary to professional diligence or fair commercial practices?
   
      (1)  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 No 2006/2004 of the European Parliament and of the Council (OJ 2005 L 149, p. 22).