Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 24 April 2025 – Desch-Drexler Buch- und Papierhandels & Verlags GesmbH v WV

(Case C-302/25, Desch-Drexler)

(C/2025/4875)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: Desch-Drexler Buch- und Papierhandels & Verlags GesmbH

Defendant: WV

Question referred

Is Article 1(6) of Directive 2000/31/EC (1) of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) to be interpreted as meaning that a national provision which prohibits retailers from advertising to final consumers, for the purposes of gaining a competitive advantage in the course of trade within the national territory, discounts on fixed minimum prices for German-language books which they are allowed to apply up to a limit of 5 %, constitutes a measure within the meaning of Article 1(6) of that directive and a retailer from another Member State cannot therefore rely on Article 3(2) of that directive in the context of a cross-border sale?

(1)   OJ 2000 L 178, p. 1.