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Case C-59/12: Judgment of the Court (First Chamber) of 3 October 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — BKK Mobil Oil Körperschaft des öffentlichen Rechts v Zentrale zur Bekämpfung unlauteren Wettbewerbs eV (Directive 2005/29/EC — Unfair commercial practices — Scope — Misleading information circulated by a health insurance fund which is part of the statutory social security system — Fund established as a public law body)
ECLI:EU:UNKNOWN:62012CA0059
62012CA0059
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23.11.2013
Official Journal of the European Union
C 344/20
(Case C-59/12) (<span class="super">1</span>)
(Directive 2005/29/EC - Unfair commercial practices - Scope - Misleading information circulated by a health insurance fund which is part of the statutory social security system - Fund established as a public law body)
2013/C 344/34
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: BKK Mobil Oil Körperschaft des öffentlichen Rechts
Defendant: Zentrale zur Bekämpfung unlauteren Wettbewerbs eV
Re:
Request for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 3(1) 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 (the ‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22) in conjunction with Article 2(d) of the same directive — Scope — ‘Commercial practices’ and ‘trader’ — Advertisements of a statutory health insurance fund containing misleading information in relation to the drawbacks flowing from a potential change of health insurance fund for its clients.
Operative part of the judgment
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 (the ‘Unfair Commercial Practices Directive’), must be interpreted to the effect that a public law body charged with a task of public interest, such as the management of a statutory health insurance fund, falls within the persons covered by the directive.
(<span class="note">1</span>) OJ C 138, 12.5.2012.