Request for a preliminary ruling from the Amtsgericht Straubing (Germany) lodged on 19 June 2019 — B & L Elektrogeräte GmbH v GC

(Case C-465/19)

(2019/C 348/03)

Language of the case: German

Referring court

Amtsgericht Straubing

Parties to the main proceedings

Applicant: B & L Elektrogeräte GmbH

Defendant: GC

Question referred

Does an off-premises contract within the meaning of Article 2(8)(c) of Directive 2011/83/EU, (1) with the consequence of entailing a right of withdrawal pursuant to Article 9 of the directive, arise if a trader at a trade fair who is in or in front of a sales stand that is deemed to constitute business premises within the meaning of Article 2(9) of the directive solicits a consumer who is standing in the aisle in front of the sales stand in an exhibition hall at a consumer trade fair without communicating with the trader, and the contract is subsequently concluded in the sales stand?

(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).