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Case C-265/12: Judgment of the Court (First Chamber) of 18 July 2013 (request for a preliminary ruling from the Hof van beroep te Brussel — Belgium) — Citroën Belux NV v Federatie voor Verzekerings- en Financiële Tussenpersonen (FvF) (Article 56 TFEU — Freedom to provide services — Directive 2005/29/EC — Unfair commercial practices — Consumer protection — Combined offers involving at least one financial service — Prohibition — Exceptions)
ECLI:EU:UNKNOWN:62012CA0265
62012CA0265
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7.9.2013
Official Journal of the European Union
C 260/17
(Case C-265/12) (<span class="super">1</span>)
(Article 56 TFEU - Freedom to provide services - Directive 2005/29/EC - Unfair commercial practices - Consumer protection - Combined offers involving at least one financial service - Prohibition - Exceptions)
2013/C 260/28
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Citroën Belux NV
Defendant: Federatie voor Verzekerings- en Financiële Tussenpersonen (FvF)
Re:
Request for a preliminary ruling — Hof van beroep te Brussel (Belgium) — Interpretation of Article 56 TFEU and of Article 3(9) of 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) — National consumer-protection legislation which prohibits generally, subject to exceptions exhaustively set out, any combined offer containing at least one financial service
Operative part of the judgment
Article 3(9) of 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’) must be interpreted, as must Article 56 TFEU, as not precluding a national provision, such as that at issue in the main proceedings, which lays down a general prohibition — save in the cases exhaustively listed by the national legislation — of combined offers made to consumers where at least one of the components of those offers is a financial service.
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Language of the case: Dutch.
ECLI:EU:C:2013:258