CELEX: 62017CA0485
Language: en
Date: 2018-08-07 00:00:00
Title: Case C-485/17: Judgment of the Court (Eighth Chamber) of 7 August 2018 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Verbraucherzentrale Berlin eV v Unimatic Vertriebs GmbH (Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 2(9) — Concept of ‘business premises’ — Criteria — Sales contract concluded on a stand run by a trader at a trade fair)

1.10.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 352/14
            
         
      Judgment of the Court (Eighth Chamber) of 7 August 2018 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Verbraucherzentrale Berlin eV v Unimatic Vertriebs GmbH
      (Case C-485/17) (1)
      
      ((Reference for a preliminary ruling - Consumer protection - Directive 2011/83/EU - Article 2(9) - Concept of ‘business premises’ - Criteria - Sales contract concluded on a stand run by a trader at a trade fair))
      (2018/C 352/18)
      Language of the case: Germany
      
         Referring court
      
      Bundesgerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: Verbraucherzentrale Berlin eV
      
         Defendant: Unimatic Vertriebs GmbH
      
         Operative part of the judgment
      
      Article 2(9) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, must be interpreted as meaning that a stand, such as that at issue in the main proceedings, run by a trader at a trade fair, at which he carries out his activity for a few days each year, constitutes ‘business premises’ within the meaning of that provision if, in the light of all the factual circumstances surrounding that activity, in particular the appearance of the stand and the information relayed on the premises of the fair itself, a reasonably well-informed and reasonably observant and circumspect consumer could reasonably assume that the trader is carrying out his activity there and will solicit him in order to conclude a contract, which is for the national court to ascertain.
      
         (1)  OJ C 392, 20.11.2017.