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Document 62017CO0406(01)
Order of the Court (Tenth Chamber) of 14 May 2019.
Acea Energia SpA and Others v Autorità Garante della Concorrenza e del Mercato and Others.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Directive 2005/29/EC — Unfair business-to-consumer commercial practices in the internal market — Directive 2009/72/EC — Internal market in electricity — Directive 2009/73/EC — Internal market in natural gas — Directive 2011/83/EU — Aggressive commercial practices — Conclusion of contracts for electricity and natural gas supply which were not requested by consumers — Conclusion of distance or off-premises supply contracts in breach of consumer rights — Competent authority to penalise such conduct.
Joined Cases C-406/17 to C-408/17 and C-417/17.
Order of the Court (Tenth Chamber) of 14 May 2019.
Acea Energia SpA and Others v Autorità Garante della Concorrenza e del Mercato and Others.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Directive 2005/29/EC — Unfair business-to-consumer commercial practices in the internal market — Directive 2009/72/EC — Internal market in electricity — Directive 2009/73/EC — Internal market in natural gas — Directive 2011/83/EU — Aggressive commercial practices — Conclusion of contracts for electricity and natural gas supply which were not requested by consumers — Conclusion of distance or off-premises supply contracts in breach of consumer rights — Competent authority to penalise such conduct.
Joined Cases C-406/17 to C-408/17 and C-417/17.
Court reports – general – 'Information on unpublished decisions' section
Order of the Court (Tenth Chamber) of 14 May 2019 — Acea Energia and Others
(Joined Cases C‑406/17 to C‑408/17 and C‑417/17) ( 1 )
(Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Directive 2005/29/EC — Unfair business-to-consumer commercial practices in the internal market — Directive 2009/72/EC — Internal market in electricity — Directive 2009/73/EC — Internal market in natural gas — Directive 2011/83/EU — Aggressive commercial practices — Conclusion of contracts for electricity and natural gas supply which were not requested by consumers — Conclusion of distance or off-premises supply contracts in breach of consumer rights — Competent authority to penalise such conduct)
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1. |
Questions referred for a preliminary ruling — Jurisdiction of the Court — Identification of the relevant aspects of EU law — Reformulation of the questions (Art. 267 TFEU) (see paras 42, 43) |
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2. |
Consumer protection — Unfair business-to-consumer commercial practices — Directive 2005/29 — Scope — Article 3(4) — Notion of ‘conflict’ (see para. 49) |
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Consumer protection — Unfair business-to-consumer commercial practices — Directives 2005/29 and 2011/83 — Scope (European Parliament and Council Directives 2005/29, Art. 3(4) and 2011/83, Art. 3(2)) (see para. 62, operative part) |
Operative part
Article 3(4) of 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, and Article 3(2) 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 not precluding national legislation in accordance with which conduct such as that at issue in the main proceedings, consisting in concluding supply contracts which were not requested by the consumers or consisting in concluding distance or off-premises supply contracts in breach of consumer rights, must be assessed in the light of the provisions of Directives 2005/29 and 2011/83 respectively, with the result that, according to that national legislation, the sectoral regulator, for the purposes of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC and of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, is not competent to penalise such conduct.
( 1 ) OJ C 338, 9.10.2017.