Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 26 August 2011 — CHS Tour Services GmbH v Team 4 Travel GmbH

(Case C-435/11)

2011/C 340/13

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: CHS Tour Services GmbH

Defendant: Team 4 Travel GmbH

Question referred

Is Article 5 of Directive 2005/29/EC (1) 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 Directives 84/450/EEC, 97/7/EC, 98/27/EC and 2002/65/EC and Regulation (EC) No 2006/2004 (Unfair Commercial Practices Directive), to be interpreted as meaning that, in the case of misleading commercial practices within the meaning of Article 5(4) of that directive, separate examination of the criteria of Article 5(2)(a) of the directive is inadmissible?

(1)  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.