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Case C-304/08: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 9 July 2008 — Zentrale zur Bekämpfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH
ECLI:EU:UNKNOWN:62008CN0304
62008CN0304
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Valentina R., lawyer
27.9.2008
Official Journal of the European Union
C 247/6
(Case C-304/08)
(2008/C 247/10)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Zentrale zur Bekämpfung unlauteren Wettbewerbs eV
Defendant: Plus Warenhandelsgesellschaft mbH
Question referred
Is Article 5(2) 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 Directive 2005/29/EC (1) on unfair commercial practices to be interpreted as meaning that that provision precludes a national provision which states that a commercial practice whereby the participation of consumers in a prize competition or lottery is made conditional on the purchase of goods or the supply of services is in principle unlawful, irrespective of whether, in any particular case, the advertising in question affects consumers' interests?
(1) OJ 2005 L 149, p. 22.