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Case C-488/24, Kigas: Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania) lodged on 11 July 2024 – D.V. v Kigas MB
ECLI:EU:UNKNOWN:62024CN0488
62024CN0488
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Official Journal of the European Union
EN
C series
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C/2024/6077
21.10.2024
(Case C-488/24, Kigas)
(C/2024/6077)
Language of the case: Lithuanian
Referring court
Parties to the main proceedings
Appellant on a point of law and applicant at first instance: D.V.
Respondent in the appeal on a point of law and defendant at first instance: ‘Kigas’ MB
Questions referred
1.Must Article 5(1)(a) of Directive 2011/83, which requires the trader to provide the consumer with information on the characteristics of the services, be interpreted as meaning that the trader that provides an international carriage service to the consumer is under an obligation to inform the consumer of the customs procedures applicable to the carriage? If Article 5(1)(a) of Directive 2011/83 must be interpreted as imposing an obligation on the trader to inform the consumer of the customs procedures applicable to international carriage, is it sufficient for the trader to state that the sender (the consumer) must take charge of the documents necessary for the customs procedures and pay the customs duties, or must the trader provide detailed information (a list) on the specific documents to be presented to the customs authorities and the applicable rates (amounts) of the customs duties?
2.Does the obligation on the trader, laid down in Article 5(1)(c) of Directive 2011/83, to provide the consumer with information on the price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postage charges or, where those charges cannot reasonably be calculated in advance, the fact that such charges may be payable, entail an obligation on the trader that provides the international carriage service to inform the consumer of the customs duties (the rates and amounts of the duties) applicable to the specific carriage?
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).
ELI: http://data.europa.eu/eli/C/2024/6077/oj
ISSN 1977-091X (electronic edition)
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