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Case C-343/12: Reference for a preliminary ruling from the Rechtbank van Koophandel te Gent (Belgium) lodged on 19 July 2012 — Euronics Belgium CVBA v Kamera Express BV & Kamera Express Belgium BVBA
ECLI:EU:UNKNOWN:62012CN0343
62012CN0343
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6.10.2012
Official Journal of the European Union
C 303/16
(Case C-343/12)
2012/C 303/28
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Euronics Belgium CVBA
Defendants:
Question referred
Is Article 101 of the (Belgian) Law on market practices and consumer protection (Wet betreffende marktpraktijken en consumentenbescherming), which, inter alia, is intended to protect the interests of consumers and is worded as follows:
‘Article 101(1)All undertakings shall be prohibited from offering for sale or selling goods at a loss.
A sale at a loss shall mean any sale at a price which is not at least equal to the price at which the undertaking purchased the item or which the undertaking would have to pay to replenish its stock, after any discounts granted and definitively obtained. In order to determine whether a sale is a sale at a loss, no account shall be taken of discounts which, whether exclusive or non-exclusive, are granted in exchange for commitments entered into by the undertaking other than for the purchase of goods’,
contrary to Directive 2005/29/EC (1) in so far as it prohibits sales at a loss, whereas Directive 2005/29/EC appears not to prohibit such sales practices and the Belgian Law may be stricter than the provisions of Directive 2005/29/EC and the prohibition under Article 4 of that directive?
*
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 (OJ 2005 L 149, p. 22).