CELEX: C2002/247/01
Language: en
Date: 2002-10-12 00:00:00
Title: Judgment of the Court (Sixth Chamber) 11 July 2002 in Case C-96/00 (Reference for a preliminary ruling from the Oberster Gerichtshof): Rudolf Gabriel (Brussels Convention — Request for interpretation of Articles 5(1) and (3) and 13, first paragraph, point 3 — Entitlement of a consumer to whom misleading advertising has been sent to seek payment, in judicial proceedings, of the prize which he has apparently won — Classification — Action of a contractual nature covered by Article 13, first paragraph, point 3 — Conditions)

12.10.2002              EN                       Official Journal of the European Communities                                              C 247/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       Republic (OJ 1989 L 285, p. 1), and by the Convention of
                                                                             29 November 1996 on the Accession of the Republic of
                         (Sixth Chamber)                                     Austria, the Republic of Finland and the Kingdom of Sweden
                                                                             (OJ 1997 C 15, p. 1), the Court (Sixth Chamber), composed of:
                            11 July 2002                                     F. Macken, President of the Chamber, C. Gulmann, R. Schintgen
                                                                             (Rapporteur), V. Skouris and J.N. Cunha Rodrigues, Judges;
                                                                             F.G. Jacobs, Advocate General; L. Hewlett, Administrator, for
in Case C-96/00 (Reference for a preliminary ruling from
                                                                             the Registrar, has given a judgment on 11 July 2002, in which
        the Oberster Gerichtshof): Rudolf Gabriel ( 1)
                                                                             it has ruled:
(Brussels Convention — Request for interpretation of
Articles 5(1) and (3) and 13, first paragraph, point 3 —
Entitlement of a consumer to whom misleading advertising                     The jurisdiction rules set out in the Convention of 27 September
has been sent to seek payment, in judicial proceedings, of the               1968 on Jurisdiction and the Enforcement of Judgments in Civil and
prize which he has apparently won — Classification —                         Commercial Matters, as amended by the Convention of 9 October
Action of a contractual nature covered by Article 13, first                  1978 on the Accession of the Kingdom of Denmark, Ireland and the
               paragraph, point 3 — Conditions)                              United Kingdom of Great Britain and Northern Ireland, by the
                                                                             Convention of 25 October 1982 on the Accession of the Hellenic
                          (2002/C 247/01)                                    Republic, by the Convention of 26 May 1989 on the Accession of
                                                                             the Kingdom of Spain and the Portuguese Republic, and by the
                   (Language of the case: German)                            Convention of 29 November 1996 on the Accession of the Republic
                                                                             of Austria, the Republic of Finland and the Kingdom of Sweden, are
(Provisional translation; the definitive translation will be published       to be construed as meaning that judicial proceedings by which a
                   in the European Court Reports)                            consumer seeks an order, in the Contracting State in which he is
                                                                             domiciled and pursuant to that State’s legislation, requiring a mail-
                                                                             order company established in another Contracting State to pay him a
                                                                             financial benefit in circumstances where that company had sent to
In Case C-96/00: Reference to the Court pursuant to the                      that consumer in person a letter likely to create the impression that a
Protocol of 3 June 1971 on the interpretation by the Court of                prize would be awarded to him on condition that he ordered goods to
Justice of the Convention of 27 September 1968 on Jurisdic-                  a specified amount, and where that consumer actually placed such an
tion and the Enforcement of Judgments in Civil and Commer-                   order in the State of his domicile without, however, obtaining
cial Matters by the Oberster Gerichtshof (Austria) for a                     payment of that financial benefit, are contractual in nature in the
preliminary ruling in the proceedings brought before that                    sense contemplated in Article 13, first paragraph, point 3, of that
court by Rudolf Gabriel, on the interpretation of Articles 5(1)              Convention.
and (3) and 13, first paragraph, point 3, of the abovementioned
Convention of 27 September 1968 (OJ 1978 L 304, p. 36), as
amended by the Convention of 9 October 1978 on the
Accession of the Kingdom of Denmark, Ireland and the United
                                                                             (1 ) OJ C 149 of 27.5.2000.
Kingdom of Great Britain and Northern Ireland (OJ 1978
L 304, p. 1 and — amended text — p. 77), by the Convention
of 25 October 1982 on the Accession of the Hellenic Republic
(OJ 1982 L 388, p. 1), by the Convention of 26 May 1989 on
the Accession of the Kingdom of Spain and the Portuguese