22.12.2014

Official Journal of the European Union

C 462/18

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 27 October 2014 — Citroën Commerce GmbH v Zentralvereinigung des Kraftfahrzeuggewerbes zur Aufrechterhaltung lauteren Wettbewerbs e.V. (ZLW)

(Case C-476/14)

(2014/C 462/28)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant on a point of law: Citroën Commerce GmbH

Respondent in the appeal on a point of law: Zentralvereinigung des Kraftfahrzeuggewerbes zur Aufrechterhaltung lauteren Wettbewerbs e.V. (ZLW)

Questions referred

1.	Does an advertisement for a product which indicates the price to be paid for it constitute an offer within the meaning of Article 1 of Directive 98/6/EC (1)? If the first question is to be answered in the affirmative:

In the case of an offer within the meaning of Article 1 of Directive 98/6/EC, must the selling price to be indicated in accordance with Article 1 and the first sentence of Article 3(1) also include costs necessarily incurred in connection with the transfer of a motor vehicle from the manufacturer to the dealer?

If the first or the second question is to be answered in the negative:

In the case of an invitation to purchase within the meaning of Article 2(i) of Directive 2005/29/EC (2), must the ‘price inclusive of taxes’ to be indicated in accordance with the provision governing the first scenario contemplated in Article 7(4)(c) of Directive 2005/29/EC also include, in the case of a motor vehicle, costs necessarily incurred in connection with the transfer of the vehicle from the manufacturer to the dealer?

(1) Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ 1998 L 80, p. 27).

(2) 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’) (OJ 2005 L 149, p. 22).