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Case C-667/15: Judgment of the Court (Sixth Chamber) of 15 December 2016 (request for a preliminary ruling from the Hof van beroep te Antwerpen — Belgium) — Loterie Nationale — Nationale Loterij NV van publiek recht v Paul Adriaensen, Werner De Kesel, The Right Frequency VZW (Reference for a preliminary ruling — Directive 2005/29/EC — Unfair business-to-consumer commercial practices — Misleading commercial practice — Pyramid promotional scheme — Contributions paid by new members and compensation received by existing members — Indirect financial link)
ECLI:EU:UNKNOWN:62015CA0667
62015CA0667
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13.2.2017
Official Journal of the European Union
C 46/8
(Case C-667/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Directive 2005/29/EC - Unfair business-to-consumer commercial practices - Misleading commercial practice - Pyramid promotional scheme - Contributions paid by new members and compensation received by existing members - Indirect financial link))
(2017/C 046/11)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Loterie Nationale — Nationale Loterij NV van publiek recht
Defendants: Paul Adriaensen, Werner De Kesel, The Right Frequency VZW
Operative part of the judgment
Point 14 of Annex I to 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 allowing a commercial practice to be classified as a ‘pyramid promotional scheme’ even if there is only an indirect link between the contributions paid by new members of the scheme and the compensation paid to existing members.
(<span class="super">1</span>) OJ C 106, 21.3.2016.