Request for a preliminary ruling from the Landgericht Berlin (Germany) lodged on 16 June 2022 — VT, UR v Conny GmbH

(Case C-400/22)

(2022/C 408/35)

Language of the case: German

Referring court

Landgericht Berlin

Parties to the main proceedings

Appellants: VT, UR

Respondent: Conny GmbH

Question referred

Is it compatible with the second subparagraph of Article 8(2) of Directive 2011/83/EU (1) if a national provision (in the present case, Paragraph 312j(3), second sentence, and (4) of the BGB in the version in force from 13 June 2014 to 27 May 2022) is to be interpreted as meaning that its scope, like that of the second subparagraph of Article 8(2) of Directive 2011/83/EU, also covers a case in which the consumer is not unconditionally obliged to pay the trader at the time of the conclusion of the contract by electronic means, but only under certain further conditions — for example, exclusively in the event that a legal action which the trader has been instructed to bring is subsequently successful, or in the event that formal notice is subsequently given to a third party?

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(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).