Case C‑146/16

Verband Sozialer Wettbewerb eV

v

DHL Paket GmbH

(Request for a preliminary ruling from the Bundesgerichtshof)

(Reference for a preliminary ruling — Unfair business practices — Advertisement in a print medium — Omission of material information — Access to that information via the website by means of which the products concerned are distributed — Products sold by the person who published the advertisement or by a third party)

Summary — Judgment of the Court (Tenth Chamber), 30 March 2017

Approximation of laws — Unfair business-to-consumer commercial practices — Directive 2005/29 — Misleading omissions — Information considered to be material in the context of an invitation to purchase — Definition — Scope — Printed advertisement for specific products, those products being obtained via the website of the undertaking advertising those products, which is referred to in that advertisement — Included — Assessment by the national court — Criteria

(European Parliament and Council Directive 2005/29, Art. 7(4))

Article 7(4)(b) 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 must be interpreted as meaning that an advertisement, such as that at issue in the main proceedings, which falls within the definition of an ‘invitation to purchase’ within the meaning of that directive, may satisfy the obligation regarding information laid down in that provision. It is for the referring court to examine, on a case-by-case basis, first, whether the limitations of space in the advertisement warrant information on the supplier being provided only upon access to the online sales platform and, secondly, whether, so far as the online sales platform is concerned, the information required by Article 7(4)(b) of that directive is communicated simply and quickly.

(see para. 33, operative part)