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Case C-205/07: Judgment of the Court (Grand Chamber) of 16 December 2008 (reference for a preliminary ruling from the Hof van Beroep te Gent — Belgium) — Criminal proceedings against Lodewijk Gysbrechts, Santurel Inter BVBA (Articles 28 EC to 30 EC — Directive 97/7/EC — Consumer protection in distance contracts — Period for withdrawal — Prohibition on requiring from a consumer an advance or payment before the end of the period for withdrawal)
ECLI:EU:UNKNOWN:62007CA0205
62007CA0205
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21.2.2009
Official Journal of the European Union
C 44/11
(Case C-205/07)(1)
(Articles 28 EC to 30 EC - Directive 97/7/EC - Consumer protection in distance contracts - Period for withdrawal - Prohibition on requiring from a consumer an advance or payment before the end of the period for withdrawal)
(2009/C 44/17)
Language of the case: Dutch
Referring court
Parties in the main proceedings
Re:
Reference for a preliminary ruling — Hof van Beroep te Gent — Interpretation of Articles 28 and 30 EC — Effects on intra-community trade of a national rule prohibiting a requirement that a consumer pay an advance or make payment before the expiry of a withdrawal period — Compatibility with Community law
Operative part of the judgment
The Court:
Article 29 EC does not preclude national rules which prohibit a supplier in cross-border distance selling from requiring an advance or any payment from a consumer before expiry of the withdrawal period, but Article 29 EC does preclude a prohibition, under those rules, on requesting, before expiry of that period, the number of the consumer's payment card.
* * *
(1)
OJ C 140, 23.6.2007.