14.5.2011
EN
Official Journal of the European Union
C 145/6
Reference for a preliminary ruling from the Oberlandesgericht Wien (Austria) lodged on 3 February 2011 — Content Services Ltd v Bundesarbeitskammer
(Case C-49/11)
2011/C 145/07
Language of the case: German
Referring court
Oberlandesgericht Wien
Parties to the main proceedings
Applicant: Content Services Ltd
Defendant: Bundesarbeitskammer
Question referred
1.
Is the requirement in Article 5(1) of [Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers (1) in respect of distance contracts] to the effect that a consumer must receive confirmation of the information specified there in a durable medium available and accessible to him, unless the information has already been given to him on conclusion of the contract in a durable medium available and accessible to him, satisfied, where that information is made available to the consumer by means of a hyperlink on the trader’s website which is contained in a line of text that the consumer must mark as read by ticking a box in order to be able to enter into a contractual relationship?
(1) Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts — Statement by the Council and the Parliament re Article 6 (1) — Statement by the Commission re Article 3 (1), first indent (OJ 1997 L 144, p. 19).
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