17.12.2018   

EN

Official Journal of the European Union

C 455/20


Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main (Germany) lodged on 20 September 2018 — Verbraucherzentrale Berlin eV v DB Vertrieb GmbH

(Case C-583/18)

(2018/C 455/30)

Language of the case: German

Referring court

Oberlandesgericht Frankfurt am Main

Parties to the main proceedings

Applicant: Verbraucherzentrale Berlin eV

Defendant: DB Vertrieb GmbH

Questions referred

1.

Is Article 2(6) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (1) to be interpreted to mean that it also covers contracts by means of which the trader is not directly obliged to supply a service, but rather the consumer acquires the right to receive a discount for services ordered in the future?

If Question 1 is answered in the affirmative:

2.

Is the exception for ‘contracts … for passenger transport services’ in Article 3(3)(k) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights to be interpreted to mean that it also applies to situations in which the consumer does not directly receive a passenger transport service as consideration, but rather acquires the right to receive a discount for contracts for transport services to be concluded in the future?


(1)  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 (OJ 2011 L 304, p. 64).