CELEX: C2007/199/28
Language: en
Date: 2007-08-25 00:00:00
Title: Case C-261/07: Reference for a preliminary ruling from the Rechtbank van Koophandel te Antwerpen (Belgium) lodged on 1 June 2007 — VTB-VAB NV v Total Belgium NV

25.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 199/18
            
         Reference for a preliminary ruling from the Rechtbank van Koophandel te Antwerpen (Belgium) lodged on 1 June 2007 — VTB-VAB NV v Total Belgium NV
   (Case C-261/07)
   (2007/C 199/28)
   Language of the case: Dutch
   Referring court
   Rechtbank van Koophandel te Antwerpen
   Parties to the main proceedings
   
      Applicant: VTB-VAB NV
   
      Defendant: Total Belgium NV
   Question referred
   Does Directive 2005/29 (1) of the European Parliament and of the Council concerning unfair commercial practices preclude a national provision such as Article 54 of the Belgian Law of 14 July 1991 on commercial practices, consumer information and consumer protection, which, subject to the exhaustive list of exceptions contained within that Law, prohibits any collateral offer by a seller to a consumer, including an offer in which goods which the consumer has to buy are tied to a free service, the acquisition of which is linked to the purchase of the goods, notwithstanding the circumstances of individual cases, in particular notwithstanding the possible influence of the actual offer on the average consumer, or whether, in the actual circumstances, that offer may be regarded as contravening the professional duty of care and genuine commercial custom?
   
      (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 (EC) No 2006/2004 of the European Parliament and of the Council (OJ 2005 L 149, p. 22).