CELEX: E2019J0001
Language: en
Date: 2019-12-14 00:00:00
Title: Judgment of the Court of 14 December 2019 in Case E-1/19 Andreas Gyrre v The Norwegian Government, represented by the Ministry of Children and Equality (Directive 2005/29/EC – Unfair business-to-consumer commercial practices – Annex I – Point 9 – Stating or otherwise creating the impression that a product can legally be sold when it cannot) 2020/C 90/02

19.3.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 90/2
            
         
      JUDGMENT OF THE COURT
      of 14 December 2019
      in Case E-1/19
      Andreas Gyrre
      v
      The Norwegian Government, represented by the Ministry of Children and Equality
      
         
            (Directive 2005/29/EC – Unfair business-to-consumer commercial practices – Annex I – Point 9 – Stating or otherwise creating the impression that a product can legally be sold when it cannot)
         
      
      (2020/C 90/02)
      In Case E-1/19, Andreas Gyrre v The Norwegian Government, represented by the Ministry of Children and Equality – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Borgarting Court of Appeal (Borgarting lagmannsrett) concerning the interpretation of 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, and in particular point 9 of Annex I thereto, the Court, composed of Páll Hreinsson, President, Bernd Hammermann (Judge-Rapporteur), and Siri Teigum (ad hoc Judge), gave judgment on 14 December 2019, the operative part of which is as follows:
      Point 9 of Annex I to 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 must be interpreted as encompassing situations in which a trader states or otherwise creates the impression, based on the overall impression conveyed to the average consumer at the time of the transactional decision, that a product can legally be sold when it cannot. It does not have a bearing on that assessment whether such a national legislative prohibition, as in the present case, applies in either the EEA State of sale or the EEA State of performance or in both. Nor is that assessment affected by the national legislative prohibition in question being subsequently found to be contrary to EEA law.