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Case C-583/18: Judgment of the Court (Ninth Chamber) of 12 March 2020 (request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main — Germany) — Verbraucherzentrale Berlin eV v DB Vertrieb GmbH (Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Scope — Service contract — Article 2(6) — Contract for passenger transport services — Article 3(3)(k) — Cards conferring entitlement to price reductions when passenger transport contracts are subsequently concluded — Online selling of such cards without informing the consumer about the right of withdrawal)
ECLI:EU:UNKNOWN:62018CA0583
62018CA0583
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29.6.2020
Official Journal of the European Union
C 215/11
(Case C-583/18) (1)
(Reference for a preliminary ruling - Consumer protection - Directive 2011/83/EU - Scope - Service contract - Article 2(6) - Contract for passenger transport services - Article 3(3)(k) - Cards conferring entitlement to price reductions when passenger transport contracts are subsequently concluded - Online selling of such cards without informing the consumer about the right of withdrawal)
(2020/C 215/13)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: Verbraucherzentrale Berlin eV
Respondent: DB Vertrieb GmbH
Operative part of the judgment
1.Article 2(6) of 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, must be interpreted as meaning that the term ‘service contract’ covers contracts whose object is to entitle the consumer to a price reduction when passenger transport contracts are subsequently concluded;
2.Article 3(3)(k) of Directive 2011/83 must be interpreted as meaning that a contract whose object is to entitle the consumer to a price reduction when passenger transport contracts are subsequently concluded is not covered by the term ‘contract for passenger transport services’ and, consequently, falls within the scope of that directive, including of its provisions relating to the right of withdrawal.
(1) OJ C 455, 17.12.2018.