CELEX: 62015CA0310
Language: en
Date: 2016-09-07 00:00:00
Title: Case C-310/15: Judgment of the Court (Eighth Chamber) of 7 September 2016 (request for a preliminary ruling from the Cour de cassation — France) — Vincent Deroo-Blanquart v Sony Europe Limited, successor in law to Sony France SA (Reference for a preliminary ruling — Consumer protection — Unfair commercial practices — Directive 2005/29/EC — Articles 5 and 7 — Combined offer — Sale of a computer equipped with pre-installed software — Material information relating to the price — Misleading omission — Consumer unable to obtain the same model of computer not equipped with software)

31.10.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 402/10
            
         Judgment of the Court (Eighth Chamber) of 7 September 2016 (request for a preliminary ruling from the Cour de cassation — France) — Vincent Deroo-Blanquart v Sony Europe Limited, successor in law to Sony France SA
   (Case C-310/15) (1)
   
   ((Reference for a preliminary ruling - Consumer protection - Unfair commercial practices - Directive 2005/29/EC - Articles 5 and 7 - Combined offer - Sale of a computer equipped with pre-installed software - Material information relating to the price - Misleading omission - Consumer unable to obtain the same model of computer not equipped with software))
   (2016/C 402/12)
   Language of the case: French
   
      Referring court
   
   Cour de cassation
   
      Parties to the main proceedings
   
   
      Applicant: Vincent Deroo-Blanquart
   
      Defendant: Sony Europe Limited, successor in law to Sony France SA
   
      Operative part of the judgment
   
   
               1.
            
            
               A commercial practice consisting of the sale of a computer equipped with pre-installed software without any option for the consumer to purchase the same model of computer not equipped with pre-installed software does not in itself constitute an unfair commercial practice within the meaning of Article 5(2) 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 (‘Unfair Commercial Practices Directive’), unless such a practice is contrary to the requirements of professional diligence and materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product, a matter which is for the national court to determine by taking account of the specific circumstances of the case in the main proceedings.
            
         
               2.
            
            
               In the context of a combined offer consisting of the sale of a computer equipped with pre-installed software, the failure to indicate the price of each of those items of pre-installed software does not constitute a misleading commercial practice within the meaning of Article 5(4)(a) and Article 7 of Directive 2005/29.
            
         
      (1)  OJ C 294, 7.9.2015.