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Case C-543/21, Verband Sozialer Wettbewerb (Containers on which a deposit is charged): Judgment of the Court (Third Chamber) of 29 June 2023 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Verband Sozialer Wettbewerb eV v famila-Handelsmarkt Kiel GmbH & Co. KG (Reference for a preliminary ruling — Consumer protection — Indication of the prices of products — Directive 98/6/EC — Article 2(a) — Concept of ‘selling price’ — Products sold in returnable containers — National legislation requiring the amount of the deposit to be indicated separately from the selling price)

ECLI:EU:UNKNOWN:62021CA0543

62021CA0543

June 29, 2023
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14.8.2023

Official Journal of the European Union

C 286/4

(Case C-543/21, (<span class="oj-super oj-note-tag">1</span>) Verband Sozialer Wettbewerb (Containers on which a deposit is charged))

(Reference for a preliminary ruling - Consumer protection - Indication of the prices of products - Directive 98/6/EC - Article 2(a) - Concept of ‘selling price’ - Products sold in returnable containers - National legislation requiring the amount of the deposit to be indicated separately from the selling price)

(2023/C 286/04)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Verband Sozialer Wettbewerb eV

Defendant: famila-Handelsmarkt Kiel GmbH & Co. KG

Operative part of the judgment

Article 2(a) of Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers

must be interpreted as meaning that the concept of ‘selling price’ laid down in that provision does not include the amount of the deposit payable by the consumer when purchasing goods in returnable containers.

Language of the case: German.

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