Official Journal of the European Union

C 240/24

(Case C-266/19) (*)

(Reference for a preliminary ruling - Consumer protection - Directive 2011/83/EU - Article 6(1)(c) and (h), and Article 6(4) - Annex I.A - Right of withdrawal - Information to be provided by traders in relation to the conditions, time limit and procedures for exercising the right of withdrawal - Obligation for traders to provide a telephone number ‘where available’ - Scope)

(2020/C 240/32)

Language of the case: German

Referring court

Parties in the main proceedings

Applicant: EIS GmbH

Defendant: TO

Operative part of the judgment

Article 6(1)(c) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, must be interpreted as meaning that, in a situation where a trader’s telephone number appears on his or her website, in such a way that it suggests, in the eyes of the average consumer, namely a reasonably well informed and reasonably observant and circumspect consumer, that that trader uses that telephone number in his or her contacts with consumers, that telephone number must be regarded as being ‘available’, within the meaning of that provision. In such a case, Article 6 (1)(c) and (h), as well as Article 6(4) of that directive, read in conjunction with Annex I.A thereto, must be interpreted as meaning that a trader who provides the consumer, before the latter is bound by a distance or off-premises contract, with the information relating to the procedures for exercising the right of withdrawal using the model instructions set out in Annex I.A, is required to mention the same telephone number so as to allow that consumer to communicate to the trader any decision to exercise that right using that telephone number.

(*) Language of the case: German.