(Case C-126/11)

First subparagraph of Article 104(3) of the Rules of Procedure – Directive 2005/29/EC – Unfair commercial practices – National legislation prohibiting announcements of price reductions and those suggestive of such reductions

Approximation of laws – Unfair business-to-consumer commercial practices – Directive 2005/29 – National legislation laying down a general prohibition of announcements of price reductions and of announcements suggesting such a reduction during the period preceding the sales – Not permissible – Condition (European Parliament and Council Directive 2005/29) (see para. 32, operative part)

Re:

Reference for a preliminary ruling – Hof van Cassatie van België – Interpretation 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 (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22).

Operative part

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 and 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 precluding a national provision, such as that at issue in the main proceedings, which lays down a general prohibition of announcements of price reductions or announcements suggesting such reductions during the period preceding sales, in so far as that provision pursues objectives relating to consumer protection.