14.5.2011

Official Journal of the European Union

C 145/6

Reference for a preliminary ruling from the Oberlandesgericht Wien (Austria) lodged on 3 February 2011 — Content Services Ltd v Bundesarbeitskammer

(Case C-49/11)

2011/C 145/07

Language of the case: German

Referring court

Oberlandesgericht Wien

Parties to the main proceedings

Applicant: Content Services Ltd

Defendant: Bundesarbeitskammer

Question referred

Is the requirement in Article 5(1) of [Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers (1) in respect of distance contracts] to the effect that a consumer must receive confirmation of the information specified there in a durable medium available and accessible to him, unless the information has already been given to him on conclusion of the contract in a durable medium available and accessible to him, satisfied, where that information is made available to the consumer by means of a hyperlink on the trader’s website which is contained in a line of text that the consumer must mark as read by ticking a box in order to be able to enter into a contractual relationship?

(1) Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts — Statement by the Council and the Parliament re Article 6 (1) — Statement by the Commission re Article 3 (1), first indent (OJ 1997 L 144, p. 19).