30.9.2019

Official Journal of the European Union

C 328/10

(Case C-438/19)

(2019/C 328/11)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant, appellant and respondent: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e.V.

Defendant, appellant and respondent: Frontline Digital GmbH

Questions referred

1.In the case of distance contracts, is there a supply of digital content to the consumer within the meaning of Article 16(m) of Directive 2011/83/EU (1) where the consumer concludes with a trader a contract for participation in an internet-based ‘dating website’?

2.If Question 1 is to be answered in the affirmative: Does the commencement of the supply of digital content by the trader to the consumer lead to the loss of the consumer’s right of withdrawal, as provided for in Article 16(m) of the Directive, even in the case where, contrary to Article 8(7) of the Directive, the trader has not sent beforehand to the consumer confirmation of the contract concluded together with the information referred to in that latter provision? If the consumer’s right of withdrawal continues in existence in that event: Must the consumer be provided with information to that effect beforehand, in accordance with Article 6(1)(k) of the Directive?

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).

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Language of the case: German.