CELEX: 62011CA0049
Language: en
Date: 2012-07-05 00:00:00
Title: Case C-49/11: Judgment of the Court (Third Chamber) of 5 July 2012 (reference for a preliminary ruling from the Oberlandesgericht Wien — Austria) — Content Services Ltd v Bundesarbeitskammer (Reference for a preliminary ruling — Directive 97/7/EC — Consumer protection — Distance contracts — Consumer information — Information given or received — Durable medium — Meaning — Hyperlink on the website of the supplier — Right of withdrawal)

22.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 287/8
            
         Judgment of the Court (Third Chamber) of 5 July 2012 (reference for a preliminary ruling from the Oberlandesgericht Wien — Austria) — Content Services Ltd v Bundesarbeitskammer
   (Case C-49/11) (1)
   
   (Reference for a preliminary ruling - Directive 97/7/EC - Consumer protection - Distance contracts - Consumer information - Information given or received - Durable medium - Meaning - Hyperlink on the website of the supplier - Right of withdrawal)
   2012/C 287/12
   Language of the case: German
   
      Referring court
   
   Oberlandesgericht Wien
   
      Parties to the main proceedings
   
   
      Applicant: Content Services Ltd
   
      Defendant: Bundesarbeitskammer
   
      Re:
   
   Reference for a preliminary ruling — Oberlandesgericht Wien — Interpretation of Article 5(1) 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) — Information concerning the contract made available to the consumer via a hyperlink to the supplier's website — Right of the consumer to receive that information in a durable medium — Interpretation of the notion of ‘durable medium’
   
      Operative part of the judgment
   
   Article 5(1) 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 must be interpreted as meaning that a business practice consisting of making the information referred to in that provision accessible to the consumer only via a hyperlink on a website of the undertaking concerned does not meet the requirements of that provision, since that information is neither ‘given’ by that undertaking nor ‘received’ by the consumer, within the meaning of that provision, and a website such as that at issue in the main proceedings cannot be regarded as a ‘durable medium’ within the meaning of Article 5(1).
   
      (1)  OJ C 145, 14.5.2011.