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Case C-632/16: Request for a preliminary ruling from the Rechtbank van Koophandel Antwerpen (Belgium) lodged on 7 December 2016 — Dyson Ltd, Dyson BV v NV BSH Home Appliances
ECLI:EU:UNKNOWN:62016CN0632
62016CN0632
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13.3.2017
Official Journal of the European Union
C 78/10
(Case C-632/16)
(2017/C 078/14)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants: Dyson Ltd, Dyson BV
Defendant: NV BSH Home Appliances
Questions referred
1)Can strict compliance with the Vacuum Cleaner Regulation (without supplementing the label as defined in Annex II thereof with information about the test conditions which lead to the classification in an energy efficiency class in accordance with Annex I) be regarded as a misleading omission within the meaning of Article 7 of the Unfair Commercial Practices Directive?
2)Does the Vacuum Cleaner Regulation preclude supplementing the label with other symbols which communicate the same information?
(1) Commission Delegated Regulation (EU) No 665/2013 of 3 May 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of vacuum cleaners (OJ 2013 L 192, p. 1).
(2) 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 (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22).