Content Services (Consumer protection) [2012] EUECJ C-49/11 (06 March 2012)

Content Services (Consumer protection) [2012] EUECJ C-49/11 (06 March 2012)

Making information available on a web page accessible via hyperlink at contract conclusion does not satisfy Article 5(1) of Directive 97/7/EC, as the consumer does not 'receive' the information without proactive effort and the information is not provided in a durable medium under their control.

Parties
Appellant: Content Services Ltd; Respondent: Bundesarbeitskammer
Jurisdiction
European Union
Judgment Date
06 March 2012
Procedural Posture
Reference for a Preliminary Ruling / Opinion of Advocate General
Outcome
requirements of Article 5(1) of Directive 97/7/EC not satisfied
Legal Topics
Distance Contracts, Information Requirements, Durable Medium, Right of Withdrawal
Consumer Protection Contract Law European Union Law Distance Contracts Information Requirements Durable Medium Right of Withdrawal

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Parties

Content Services Ltd

Appellant

Bundesarbeitskammer

Respondent

Procedural Posture

Reference for a Preliminary Ruling / Opinion of Advocate General

Legal Issues

  1. 1 Does making information available via a hyperlink on a vendor's website satisfy Article 5(1) of Directive 97/7/EC regarding provision of information in a durable medium?
  2. 2 What constitutes 'receiving' information in a durable medium under EU consumer protection law?

Ratio Decidendi

Making information available on a web page accessible via hyperlink at contract conclusion does not satisfy Article 5(1) of Directive 97/7/EC, as the consumer does not 'receive' the information without proactive effort and the information is not provided in a durable medium under their control.

Court Disposition

requirements of Article 5(1) of Directive 97/7/EC not satisfied

Orders

  • The Court should answer that Article 5(1) is not satisfied where information is made available only via a hyperlink on a web page at contract conclusion.